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  • Landlord's Guide To Holdover Summary Proceedings - Unified Court ... - Nycourts

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For Courts Outside New York City. NewYork State Unified Court System.SEPTEMBER 2007. LANDLORD'S GUIDE TO. NONPAYMENT SUMMARY PROCEEDINGS. DIVISION OF COURT OPERATIONS. OFFICE OF TRIALCOURT OPERATIONS.

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A court case to evict a tenant who remains in a rental property after the tenant's right to occupy the rental property has ended is called a Holdover Summary Proceeding. In this kind of lawsuit, the landlord asks the judge to grant a judgment that will allow the landlord to evict the tenant.

Under the rent stabilization rules, your landlord must mail you a lease renewal 90 to 150 days prior to the expiration of your current lease. If you do not return the lease within 60 days, the landlord may refuse to renew your lease and could move to evict you after the lease expires.

Most New York City evictions will take around 3 to 6 months. However, the reason for the eviction can impact the timing. If the tenant has violated the lease, you can evict them in less than 3 months. Evicting a holdover tenant can take a lot longer, especially if they claim you didn't properly serve them notice.

It takes about 14 to 90 days from the issuance of the Notice to Vacate, depending on the reason for eviction and the lease agreement.

The Notice of Eviction gives you at least 14 days' notice and should have the date you must move. The eviction can be scheduled any time after that date. But you can only be evicted on a business day, so if the 15th day falls on a weekend, the eviction can't take place until Monday.

The notice tells the tenant the reason, the date that the tenant must move, and that a case will be started if the tenant doesn't move by the deadline. Give the tenant at least 30 days notice to leave. The last day in the notice must be the last day of a rental period.

Bring your completed Notice of Petition and Petition to the court. If the tenant was given a Written Notice to Terminate, attach a copy of it to the Petition. There will be a fee for filing the court papers. If you are unsure of the amount, you can contact the Court Clerk's Office for this information.

Landlords in both New York State and New York City can evict holdover tenants through a holdover summary proceeding—a process that's similar to a regular eviction. However, NYC landlords have to show good cause to evict a holdover tenant who is in a rent-controlled apartment.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232