New York Affidavit of Occupancy and Possession
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FAQ
14 DAY NOTICE: The 14 day notice must state the amount of the rent due and the period of time for which the amount is due, together with a demand that the total amount be paid within 14 business days after service of the notice. The date of service, Saturdays, Sundays and holidays are excluded.
As a landlord, you may start a Holdover Summary Proceeding to evict the tenant immediately after that date if the tenant fails to leave unless the lease or other rental agreement says that you have to give the tenant additional notice of when to leave.
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.
Holdover cases - Your landlord is not renewing your lease How long you have lived at the property or how long is your lease period (whichever is longer)Amount of NoticeLess than one (1) year30 days in advanceAt least one (1) year, but less than two (2) years60 days in advanceTwo (2) years or more90 days in advance
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
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. They must be a month-to-month tenant or have lawfully occupied the property for more than 30 days.
For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York 5 Page 9 City, 30 days' notice is required, rather than one month.
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.
