What Is the Notice of Petition for Eviction?

A notice of petition for eviction is a formal legal document.

A petition for eviction is a formal order asking a tenant to vacate a property. The notice of petition for eviction supplements the petition and provides the tenant with basic information on the eviction proceeding.

Function

A notice of petition for eviction is a formal notice that lets a tenant know that his or her landlord intends to begin the legal process of evicting him of her from a residence.

Effects

When a tenant receives a notice of petition for eviction, he or she can expect to receive a summons to appear in court. It also serves as a formal notice that he or she is a legal party to an eviction case.

Benefits

The notice of petition for eviction gives the tenant a chance to catch up on his or her rent and retain an attorney for representation in the coming proceedings.

Time Frame

A notice of petition for eviction is served on the tenant directly after the landlord files a petition for eviction with the landlord tenant court or circuit court.

Identification

The notice of petition for eviction can be sent through the mail or hand-delivered by the landlord or a private process server. The document should list "Notice of Petition for Eviction" and provide the tenant with the date and time of the coming court date and the name of the judge handling the case.

References

• New York State Courts: Summary Proceedings
• Tenant Net: Holdover Proceedings