Do all tenants in the home need to be named on the notice of petition in an eviction from a hotel?

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Do all tenants in the home need to be named on the notice of petition in an eviction from a hotel?

My husband and I, along with our 2 small children, are residents of a hotel and have a letter stating that. Only he was named and served on a notice of petition for eviction. Is this grounds for dismissal of the case because I was not named on his petition or served my own?

Asked on January 3, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In all eviction proceedings, all adult occupants of the unit need to be specifcally named in the served paperwork. In your situation, if the minor children are not named, that is statutorily permitted but you also need to be named in some form with the eviction proceeding and served with it to be valid upon you.

What could happen is that your husband could be ordered evicted from the rental but not you. If that happens then you and he have a predicament as to where to live since he would be under an order to not be in the premises that you and your children occupy. I suggest that you consult further with a landlord tenant attorney about your situation.

 


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