Get NY Landlord's Guide to Holdover Summary Proceedings 2007-2024

Your landlord does not need to have a reason to ask you to leave, and to start a holdover eviction case if you remain, if: you live in an unregulated (market-rate) apartment and do not have a current lease (if your lease just expired, the landlord can start a holdover without giving you any notice)

A holdover case is brought by a landlord to evict a tenant or the person in the apartment for reasons other than simple nonpayment of rent. A holdover case is much more complicated than a nonpayment case. ... It gives you a chance to correct the problem before the landlord starts a holdover.

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.

A Non-Payment Dispossess These papers are often called "a dispossess notice." DO NOT IGNORE any legal papers, notices or postcards that come from the court. If you ignore these papers and do not go to court, you can lose the case for failure to answer and you can be evicted.

In New York state and New York City, a holdover tenant is someone who refuses to leave or pay rent after their lease agreement has ended, has lawfully occupied a property for more than thirty days or is a month to month tenant.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.