Get Ny Landlord's Guide To Holdover Summary Proceedings 2007-2025

In landlord tenant law, a notice to cure or quit is issued by a landlord when a tenant performs actions in violation of a lease. The notice gives a tenant the option of either fixing the offending problem or vacating the rental property.

A holdover tenant is a renter who remains in a property after the expiration of the lease. If the landlord continues to accept rent payments, the holdover tenant can continue to legally occupy the property, and state laws and court rulings determine the length of the holdover tenant's new rental term.

Holdover Proceedings. If you receive a paper called a Petition and Notice of Petition Holdover, your landlord has started a "Holdover proceeding" against you. This is a court action in which your landlord is demanding possession of the apartment and wants to evict you.

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.

If a tenant continues to pay rent after a lease ends, in most states the terms of the expired lease carry over into a month-to-month tenancy. ... In a few states, if a tenant continues to pay rent after a lease expires and the landlord accepts the rent, the lease is automatically renewed.

To remove the tenant from the property, the landlord must attempt to evict them through a holdover proceeding. This is a process that is usually handled in eviction or small claims courts. Holdover tenants have a tenancy at sufferance.

A holdover is an eviction proceeding a landlord brings in Housing Court for a reason other than nonpayment of rent. You may start a holdover case if: You are a landlord trying to evict a tenant, licensee, or squatter. A tenant is someone with whom you signed a lease agreement or from whom you have collected rent.

A holdover is an eviction proceeding a landlord brings in Housing Court for a reason other than nonpayment of rent. You may start a holdover case if: You are a landlord trying to evict a tenant, licensee, or squatter. ... A prime tenant is someone who has a lease or rental agreement with the landlord.

Housing Court is a specialty court for matters involving residential housing. Evictions makeup the bulk of the cases filed in these courts, but Housing Court can also hear civil lawsuits, criminal cases, and small claim matters (if they concern housing). A party may file their case directly in Housing Court.