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Posted by Anna on June 19, 2000 at 20:22:00:

In Reply to: eviction notice w/out court date posted by Cee on June 19, 2000 at 17:48:29:

: I understand it is illegal to give an eviction notice without a court date posted on the notice, is this true? If so, how does one stand up for their rights regarding this topic- just wait for a new one with a date? Specifically I am in the Bronx.

Non-payment petitions never have a court date on them; the tenant has
five calendar days from the date the petition is filed with the court to
show up at the court and give their 'answer'. Furthermore, they never tell you what date they were filed on so oftentimes the five days are up before you receive the mailed copies.

Holdover petitions must have a court date and it must be between 5-12
days from the date of service. Yes, it should be dismissed if it fails to do
this exactly as defined in RPAPL Article 7, but this is difficult for a pro se
tenant to do. You must file a Pre-answer motion to dismiss or file an
answer containing this defense then move later to dismiss. For general
information, read the Holdover sections of the two brochures in
http://tenant.net/Court/Hcourt

NEVER NEVER ignore court papers, especially eviction petitions. Failure to
respond on time can mean the landlord wins. Gather together all the
legal papers you received, in whatever envelopes you received them in,
and your lease and/or other documents related to your tenancy. Take
them to a tenant lawyer, tenant clinic or the 'pro se' attorney at Housing
Court ASAP. They can advise you.

• brochures about eviction proceedings

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Comments:
: : I understand it is illegal to give an eviction notice without a court date posted on the notice, is this true? If so, how does one stand up for their rights regarding this topic- just wait for a new one with a date? Specifically I am in the Bronx. 

: Non-payment petitions never have a court date on them; the tenant has
:     five calendar days from the date the petition is filed with the court to
:     show up at the court and give their 'answer'. Furthermore, they never tell you what date they were filed on so oftentimes the five days are up before you receive the mailed copies.

:     Holdover petitions must have a court date and it must be between 5-12
:     days from the date of service. Yes, it should be dismissed if it fails to do
:     this exactly as defined in RPAPL Article 7, but this is difficult for a pro se
:     tenant to do. You must file a Pre-answer motion to dismiss or file an
:     answer containing this defense then move later to dismiss. For general
:     information, read the Holdover sections of the two brochures in
:     http://tenant.net/Court/Hcourt

:     NEVER NEVER ignore court papers, especially eviction petitions. Failure to
:     respond on time can mean the landlord wins. Gather together all the
:     legal papers you received, in whatever envelopes you received them in,
:     and your lease and/or other documents related to your tenancy. Take
:     them to a tenant lawyer, tenant clinic or the 'pro se' attorney at Housing
:     Court ASAP. They can advise you.

:    


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