Full Answer
What is a holdover eviction in New York?
In New York, a holdover eviction is a court case by the landlord against the tenant for a reason other than payment of rent. In these cases, a landlord isn’t necessarily seeking financial recovery, but the right to retake possession of the property.
When does a landlord have to bring a holdover case?
For example, if the tenant has violated a lease provision, illegally put others in the apartment, has become a nuisance to other tenants, or is staying after a lease has expired, the landlord may bring a holdover case.
What happens if a tenant overstays their lease in New York?
If a tenant overstays their lease, and the landlord wants them out, they can also evict. The process for evicting a holdover tenant in New York is known as a "holdover summary proceeding."
What is a holdover case?
A holdover case is brought to evict a tenant or a person in the apartment who is not a tenant for reasons other than simple nonpayment of rent. A holdover case is much more complicated than a nonpayment case.
What is a holdover tenant?
A holdover tenant is someone who lives in a rental unit without an active lease, and they need to be evicted using a special legal process for holdover tenants in New York.
What is a holdover case in New York?
A roommate holdover case is brought to make a roommate who was never on the primary lease leave the apartment that you share.
How long do you have to be a tenant to be a holdover?
They must be a month-to-mont h tenant or have lawfully occupied the property for more than 30 days. This could be either a roommate or someone who was subletting an entire apartment—but the processes are slightly different for each: A standard holdover case is for when someone was on the lease and now won't leave.
Can you get a holdover if you let your roommate live in your house?
If your roommate is someone you let live in your home without paying rent, then you can start a licensee holdover case, not a roommate holdover. What Renters Need to Know About the Eviction Process.
What is a holdover case?
A holdover case is brought to evict a tenant or a person in the apartment who is not a tenant for reasons other than simple nonpayment of rent. A holdover case is much more complicated than a nonpayment case. A holdover proceeding can have many variations. For example, if the tenant has violated a lease provision, ...
What to do after a landlord serves a notice of petition?
After serving the papers, the landlord must bring back the original Notice of Petition with the notarized affidavit of service on the back filled out. In addition, the landlord must bring in the stamped postcard so that the court can mail it to the tenant.
Can you make a holdover petition for a tenant?
If you are starting a licensee holdover because there is a person living in the premises who your tenant invited to stay before your tenant moved out, you can use the free and easy Small Property Owner Licensee Holdover Petition DIY Form program to make your court papers. For any other kind of holdover case, you must purchase the following legal forms, which can be purchased in a legal stationary store, such as Blumberg:
Can a roommate be named on a lease?
A roommate who is named on the lease can also bring a holdover proceeding to evict a roommate who is not named on the lease from the apartment. There may or may not be a landlord/tenant relationship, and the petitioner may or may not need to show a good reason why a respondent’s occupancy should be terminated.
Where to get index number for landlord tenant?
You must fill out the forms and then bring the forms, including the predicate notice, to the cashier’s window, at the Landlord-Tenant Clerk’s Office to buy an index number. Payment may be made by cash, certified check or money order. Make the money order or certified check payable to the "Clerk of the Civil Court.".
Is a lawyer recommended in holdover cases?
The information given below is very general and there can be a number of differences in individual cases. The help of a lawyer is recommended in holdover cases.
Can a tenant bring a holdover case?
For example, if the tenant has violated a lease provision, illegally put others in the apartment, has become a nuisance to other tenants, or is staying after a lease has expired, the landlord may bring a holdover case. A roommate who is named on the lease can also bring a holdover proceeding to evict a roommate who is not named on ...
What is a holdover eviction in New York?
In New York, a holdover eviction is a court case by the landlord against the tenant for a reason other than payment of rent. In these cases, a landlord isn’t necessarily seeking financial recovery, but the right to retake possession of the property. A landlord can initiate a holdover eviction for a wide variety of reasons, ...
Why would a landlord initiate a holdover eviction?
Some of the most likely reasons a landlord would initiate a holdover eviction are to remove someone occupying the property but not on the lease agreement, when a tenant wrongfully brings a pet on the property, and when a tenant occupies the property past the term of the lease.
What is the most common issue for landlords in Long Island?
The most common issue for residential landlords in Long Island is non-payment of rent by the tenant. An eviction for non-payment of rent begins with a demand for payment of rent, and if left unpaid, can progress through an eviction lawsuit in court.
What is residential lease agreement?
As a residential lease agreement is negotiated and signed, all parties to the lease hope the tenancy proceeds without issues or disagreements. Landlords want tenants to pay rent in a timely manner, use the property for an intended purpose, and upkeep the property throughout the lease term.
What do tenants want from landlords?
Tenants want landlords to provide clear instruction on how to pay rent and when, not invade the tenant’s privacy during the lease term, and be available for emergencies involving condition or damage to the property. These expectations of the parties are true whether it is a commercial or residential lease. It is also true that not all leases ...
Who is the attorney for a tenant dispute in Long Island?
When you need to take further action against a trouble tenant in Long Island, attorney Sami Perez can help. You can reach our local office at (516)-216-5060.
Can a tenant own a dog?
If the tenant does choose to own a dog, then a holdover eviction is possible. This means the lease agreement is a strong tool for the landlord. Provisions about the use of the property, condition of the property upon termination of the lease, and when the lease ends can all be arranged to provide a landlord more authority and regulation over ...
What Is A Holdover Tenant?
A holdover tenant is a tenant who stays on the property after his or her lease has expired, without the landlord’s explicit permission. A holdover tenant (sometimes incorrectly referred to as a “tenancy at sufferance”) may stay at the property as long as the landlord doesn’t take any specific actions.
How to evict a tenant who is a holdover?
To evict a holdover tenant, the landlord must treat the tenant as a trespasser who does not have permission to be on the property and who is acting wrongfully by staying on the property from the moment the lease ends. The best way to deal with a trespasser will depend on the laws of your state and locality.
How to avoid a holdover term?
The easiest way to avoid accidentally agreeing to a holdover term is to refuse to accept any rent payment after the date the lease ends unless it is a payment for rent due under the lease (for instance, a payment for back rent).
How to get a tenant to leave after lease is terminated?
If they do not leave after the lease is officially terminated, you’ll need to pursue an eviction to regain control of the property.
What is tenancy at will?
Tenancy At Will: Tenancy at will is when a landlord agrees that the tenant can continue to remain ona the property after the lease ends. This agreement can be dissolved by either party at any time; the party that wishes to end the agreement must simply follow the state’s landlord-tenant rules for doing so.
Why do landlords have a holdover period?
Some tenants enjoy the holdover period because it enables them to continue to live at the property without the long-term commitment, but most landlords will prefer to have a new lease signed when possible. Though the situation is similar to a month-to-month, it’s best to have a valid lease in play at all times.
What is periodic tenancy?
A periodic tenancy is a type of ongoing tenancy in which there is no set end date. Until both parties agree to end the tenancy, the lease will continue to be in effect. Usually, this is the type of lease agreement that takes over when an initial lease ends. Often, leases will include information about what type of periodic tenancy will be used when the lease ends.
What is a holdover proceeding?
Holdover Proceedings. A holdover proceeding is brought by a landlord to remove a tenant from possession for a reason other than non-payment of rent. Before beginning a holdover proceeding, the landlord must end the tenancy. This may require one or more notices to the tenant. Because these notices must be carefully planned, ...
What happens if a tenant does not appear in court?
If the tenant does not appear, you will go before the judge who will hold an inquest either at that time or at a later date.
How long do you have to give notice of eviction?
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. You can only be evicted during daylight hours. Call the number on the Notice of Eviction and ask if the eviction has been scheduled and when it is going to happen.
Can a landlord serve a paper?
No, the landlord/owner can’t serve the papers. Someone who is 18 or older - not the landlord/owner - can hand legal papers to you. This is called personal delivery. If papers are handed to you, they don’t have to also be mailed.
Can you give legal papers to someone who lives in your home?
Maybe. Legal papers can be given to someone who lives or works in your home, this is called substituted delivery. Papers left with a neighbor or doorman are not served the right way.
What Is A Holdover Eviction?
Process of A Holdover Eviction
- Typically, the first step in a holdover eviction happens outside the court system. Under New York law, the landlord must provide the residential tenant with a notice to terminate the leasehold. However, the type of notice that must be provided is dependent on the reason for the eviction. These separate notices are a Notice to Terminate, Notice to Quit, Notice to Cure a Substantial Vi…
Lease Agreements and Holdover Evictions
- The landlord’s right to initiate a holdover eviction case can be found under state law or even within rights provided by the U.S. Constitution, but these aren’t the most common legal basis for a holdover eviction. Most frequently, a landlord asserts rights found in the lease agreement. For any residential lease, the landlord and tenant should have a written, properly executed lease agreem…
Need Help with A Trouble Tenant?
- A number of landlords attempt to solve their tenant disputes and disagreements without legal assistance. In some instances, a quick conversation with a tenant can solve the problem, but not always. When you need to take further action against a trouble tenant in Long Island, attorney Sami Perezcan help. You can reach our local office at (516)-216-5060. The information in this bl…