If we received a notice of petition holdover and lose when we go to court, how long will we have to vacate the premises?
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If we received a notice of petition holdover and lose when we go to court, how long will we have to vacate the premises?
We have resided her for 8 years and always maintained the property. We have fallen behind due to hardship and have to appear in court for the notice of petition holdover. We have 2 young children and are afraid of being thrown out within days. We have been looking for somewhere to move and intend to move as soon as possible.
Asked on September 6, 2011 under Real Estate Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written about it seems that your landlord wants you to vacate the unit you have been renting for the past eight (8) years where you apparently have not been able to make the monthly rentals for a while. As such, the landlord has filed a petition against you and your family to end your lease seeking an order from the court that you owe money for past due rent and that you need to move out of the rental by a set date.
If you lose the hearing the court will order payment to the landlord for past due rent and that you need to be out of the rented unit by a set date, usually within a week or so after the final decision is made. You and the landlord prior to the hearing can always enter into a written agreement for a set date when you and your family will be moving out of the unit as opposed to the judge making the decision.
Good luck.
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