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Looking for a form to go to court, i served my tenant a

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Looking for a form to go to court, i served my tenant a 55day notice that ther month to month lease was not going to be renewed, they in turn didnt move out and told me to take them to court? located in NY cayauga county

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

NY, cayuga county

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Nope issues, it was a 12 month lease but converted to month to month after inital term,

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just what form to use to file in our local village court

Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 1 minute by:
12/28/2017
Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 8,375
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 1 month ago

Thanks for your patience. IF you are outside of nyc, there are certain procedures to follow to get rid of a hold over tenant. first, you will need to file a petition. Unless your county requires a specific form, no specific form is required. The petition will simply state the facts, the law supporting your action (e.g. that a tenant must move out when given notice), and your request for relief (having the tenant removed). You can start by using the 28-line pleading paper attached here. The only form that is typically required statewide is the Notice of Petition, usually available at the court. Makes copies, file them with the courts, and serve them on the tenants. Also, the notice of petition is not available online so it is likely the court hasn't published it for public use yet; you'll likely have to go down there physically to get a copy.

Did you have other questions for me?

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Customer reply replied 1 month ago
i served a tenent a notice (55 days) that i would not be renewing her month to month lease. she in turn told me she wasnt moving out and to take her to court? my local village court sent me to NYcourthelp.gov which i cant find the correct form to file to have her evicted? located in NY in the village of weedsport, cayuga county
Lawyer: Legal Eagle, Lawyer replied 1 month ago

I can understand. What you have to do is to go down to your local civil courthouse and get a notice of petition. This is where you list the parties in the case. You'll also need to fill out a petition explaining what you want as well. Did you have any other questions for me at all?

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Customer reply replied 1 month ago
you dont have a form thats like already filled out just add facts?
Lawyer: Legal Eagle, Lawyer replied 1 month ago

I don't unfortunately. Because each case is different, you'll have to fill it out on your own. However, it should probably take more than about 90 minutes to detail the facts and couple it with the notice of petition and get started.

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Customer reply replied 1 month ago
can you do this and what would you charge
Lawyer: Legal Eagle, Lawyer replied 1 month ago

I would love do that; however, I'm not licensed in NY and your state doesn't allow me to do that kind of work. You may want to consider the lawyer referral service. To get to the New York State LRS - click here. Did you have any other questions for me?

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Customer reply replied 1 month ago
what the F you said you were lic in ny
Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm sorry if there was any confusion; however, I did not say I was licensed in NY. If you're looking for an attorney to draft this for you, my recommendation would be to meet with one face to face because you may need to exchange documents, exchange payment, and other things that would be relevant to bringing a lawsuit in your specific county. You can do it yourself; most landlords do it themselves and you're more than capable.

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Legal Eagle
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Category: Landlord-Tenant
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