Notice Of Petition And Petition

Notice Of Petition And PetitionA Notice of Petition and Petition is a lawsuit that is filed for the purpose of evicting you and/or to have you pay rent that is owned to your landlord. It must be answered or you can be evicted. If a landlord has issued a Notice to Cure, Rent Demand (sometimes called a Three Day Notice,) or Notice of Default, you usually have a chance to comply by making a payment or curing the problem outlined in the notice. These are called predicate notices. If you do not pay or fix the problem, the next step is an eviction suit that starts with the landlord filing a Petition and Notice of Petition. This can also be filed after your lease has expired.

For a nonpayment complaint, the landlord would file a Notice of Petition and Petition for Nonpayment to recover possession of the property. The landlord would use a friend or a licensed process server to:

  • Deliver the notice to the tenant in person.
  • Deliver it to someone who lived in or uses the property and then mail it to the tenant by regular mail and/or by certified mail.
  • Do a “Nail and Mail,” by posting the notice in a conspicuous place at the property if he/she could not reach the tenant in person after two attempts. They then mail a copy of the papers by regular and certified mail.


If a Nonpayment Petition is filed against you, you must answer it. If you do not answer, you can be evicted based on your failure to answer it. This is called a default judgment and a Marshal can evict you based on this failure to answer the Petition and Notice of Petition. An Answer generally contains any defenses or counterclaims that you may have against your landlord. Once the answer is served and filed with the Court, the Court will give you a date that you must appear in Court.

For non-monetary complaints, the landlord would file a Notice of Petition and Petition for Holdover to Recover Possession of Real Property. Typically, he might start a holdover proceeding because:

  • Your lease has expired, you are not entitled to a renewal, and the landlord wants you out.
  • You are a month-to-month tenant and the landlord wants to end the tenancy.
  • You violated the terms of the lease and failed to cure the problem, despite previous notices that requested you to do so.
  • You abandoned the property.
  • You permitted or committed waste by letting the property deteriorate.
  • You illegally sublet the premises


The service options for this type of eviction are the same as for non-payment.

If a Holdover Petition is filed against you, you must answer it and appear in Court on the date requiring your appearance in the Notice of Petition. If you do not appear in Court and answer, you can be evicted based on your failure to answer and/or appear. This is called a default judgment and a Marshal can evict you based on this failure to answer the Petition and Notice of Petition. An Answer generally contains any defenses or counterclaims that you may have against your landlord.

Long before you receive a Petition and Notice Petition you should contact a competent attorney who specializes in landlord and tenant law. In New York, commercial tenants are not protected as well as residential tenants, so your landlord may use provisions of the lease against you for eviction. Call Brasch Law at 212-267-2500.

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    Author

    Justin C. Brasch is the founding partner of the Law Offices of Justin C. Brasch and has practiced Landlord/Tenant and Leasing law for over 20 years. His areas of practice include Business & Commercial Law, Contracts, Criminal Law, Landlord-Tenant, Leasing, New York City Building and Fire Code Violations, and Real Estate Law.Mr. Brasch has substantial experience and expertise litigating landlord-tenant and complex commercial and residential real estate disputes. Before establishing his firm in 1996, Justin Brasch was a litigation ...