New York Landlord Tenant Holdover Petition

CIVIL COURT OF THE CITY OF NEW YORK,

COUNTY OF QUEENS: HOUSING PART

________________________________________

DAVE A. SMITH,

Petitioner, NOTICE OF PETITION

100 Street, Queens, NY 11001 For HOLDOVER

-against-

Ahmid Jeff JONES, Ackleema JONES

and John Does 1-10,

Respondents.

100 1 Avenue, Queens, NY 11400

_________________________________________

To the respondents, Ahmid Jeff JONES,Ackleema JONES and John Does 1-10, above named and described, in possession of the premises hereinafter described or claiming possession thereof:

PLEASE TAKE NOTICE that a hearing at which you must appear will be held at the Civil Court of the City of New York, ________ ________ Part to be held at ________, County of

Queens, on the ________ day of ________, 2004, at ___ am/pm, which prays for a final judgment of eviction awarding to the petitioner the possession of premises designated and described as follows: The house at 17 105 Street, Jamaica, New York, County of Queens, and further granting to the petitioner such other and further relief as is demanded in the petition, which you must answer.

TAKE NOTICE also that demand is made in the petition herein for judgment against you, the respondents, collectively and individually, for the sum of $8,250, with interest thereon from October, 2003.

TAKE NOTICE that demand is also sought against John Does 1-10 for a judgment for your period of occupancy from October, 2003 to February, 2004 and to date for the fair value of use and occupancy of the premises;

TAKE NOTICE that your answer may set forth any defense or counterclaim you may have against the petitioner.

Take Notice also that your answer may be made at the time of hearing specified above unless this Notice of Petition is served upon you on or before the ________ day of ________, 2004, in which event you must answer at least three (3) days before the petition is noticed to be heard, either orally before the clerk of the court at his or her office or in writing by serving a copy thereof upon the undersigned attorney for the petitioner, and by filing the original of such written answer with proof of service thereof in the office of the clerk at least three (3) days before the time the petition is noticed to be heard; in addition thereto, you must appear before the court at the time and place hereinabove set forth for the hearing.

TAKE NOTICE also that if you shall fail at such time to interpose and establish any defense that you may have to the allegations of the petition, you may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action.

TAKE NOTICE that your failure to appear and answer may result in final judgment by default for the petitioner in the amount demanded in the petition.

Dated: County of Queens, the ________ day of February, 2004

_______________________ _________________________

Law Offices of Susan Chana Lask Clerk

Attorney(s) for Petitioner

853 Broadway, Suite 1516

New York, NY 10003

(212) 358-5762

_______________________________________________________________________________________________________

CIVIL COURT OF THE CITY OF NEW YORK,

COUNTY OF QUEENS: HOUSING PART

________________________________________

DAVE A. SMITH,

Petitioner, PETITION

100 Street, Queens, NY 11400 For HOLDOVER

-against-

Ahmid Jeff JONES, Ackleema JONES

and John Does 1-10,

Respondents.

100 Avenue, Queens, NY 11400

_________________________________________

To [specify court to which petition is addressed]:

Petitioner respectfully alleges that:

1. Petitioner is the owner in fee of the premises hereinafter described and the landlord of respondents with respect thereto.

2. On or about January 14, 2000, petitioner entered into an agreement in writing with respondent Ahmid Jeff JONES, ("Ahmid") by the terms of which, petitioner leased to respondent for dwelling purposes, for the term of one year commencing on January 15, 2000, and ending January 15, 2001, premises situate in the Town of Jamaica, County of Queens, State of New York, described as follows: 100105 Avenue, Jamaica, New York.

3. Respondent Ahmid entered into possession of said premises.

4. Said premises are situated within the territorial jurisdiction of this court.

5. The term for which said premises were leased to respondent Ahmid expired on or about January 15, 2001, and thereafter he remained as a month to month tenant with rent due the 15th of each month.

6. Respondent Ahmid failed to pay rent since October, 2003 and moved in his mother, Ackleema JONES ("Ackleema") on or about October, 2003.

7. On or about December 12, 2003 Petitioner sent a 30 day notice via certified and regular mail to Respondents. The certified mail came back returned but the regular mail did not. Petitioner also via Sabrina SMITH, who is not a party hereto, on December 12, 2003 served respondents pursuant to Section 735 RPAPL after three attempts (Exhibit "A"). By virtue thereof, the term expired on January 15, 2004.

8. Respondents have not paid rent, refuse to pay rent and refuse to vacate the premises and hold over and continues in possession of said premises without permission of petitioner after the expiration of the term therein.

9. Said premises are not a multiple dwelling and not subject to Rent Control or Rent Stabilization

prior to July 1, 1974, because of a vacancy which occurred between July 1, 1971 and June 30, 1974.

WHEREFORE petitioner prays for a judgment awarding him possession of said premises, together with $8,625.00 as and for the reasonable value of use and occupation of same from October, 2003, together with costs and disbursements of these proceedings, and for a warrant to remove respondents from possession of said premises.

Dated: Jamaica, N.Y., February 16, 2004

_________________________

Petitioner

____________________________

Law Offices of Susan Chana Lask

Attorney(s) for Petitioner

853 Broadway, Suite 1516

New York, NY 10003

(212) 358-5762

[Verification]

________________________________________________________________________________________________

THIRTY DAY NOTICE TO QUIT

To: Ahamid Jones

Tenant at premises 100 105 Avenue, Queens

TAKE NOTICE that the term of your lease expired on January 15, 2001 and you have been a month to month tenant since then under all of the provisions of the expired lease, except that the rental of said premises commencing January, 2004 shall be One Thousand Seven Hundred and Twenty Five ($1,725.00) Dollars per month, payable in advance.

You are presently in arrears of over $5,000.00. You and all other persons occupying said premises are therefore required to quit the same and surrender possession thereof to the undersigned on or before January 15, 2004. If you do not vacate you we will seek eviction via the court and you will be held accountable for all rent due at the rental and above stated rental values, attorneys fees and costs.

Dated: December 5, 2003.

_________________________

Landlord-David SMITH

___________________________________________________________________________________________

CIVIL COURT OF THE CITY OF NEW YORK

COUNTY OF QUEENS: HOUSING PART

________________________________________

DAVE A. SMITH,

Petitioner, AFFIDAVIT

100 Street, Queens, NY 11400 OF SERVICE

-against-

Ahmid Jeff JONES, Ackleema JONES

and John Does 1-10,

Respondents.

100 Avenue, Queens, NY 11400

_________________________________________

STATE OF NEW YORK

COUNTY OF QUEENS

I, Sabrina SMITH, swear that I am over the age of 18 years old, can read and write the english language, am not a party to the within action and that:

1. On the following dates and times I attempted personal delivery of the attached Thirty Day Notice to Quit to respondents at the premises at 173-45 105 Avenue, Jamaica, New York:

December 5, 2003 at 12:00 p.m.

December 9, 2003 at 8:30 a.m.

December 12, 2003 at 7:00 p.m.

2. Each time noone would answer the door. After the third attempt, On December 12, 2003 at 9:00 p.m. I returned and attached the Thirty Day Notice on the front door with tape sufficient to keep it in place and clearly visible. I also mailed the thirty day notice by regular and certified mail on December 12, 2003. A copy of the front and back of the certified mailing is attached hereto.

Sworn to and subscribed

before me this __February, 2004

_________________________

NOTARY PUBLIC