Holdover Proceeding in New York

There are two (2) types of eviction proceedings you will see in NY: (i) a Nonpayment proceeding and (ii) a Holdover proceeding.

In this article, we are discussing a Holdover.

Generally, a Holdover occurs when a tenant stays past the expiration of their lease agreement. Once a lease expires, the tenant will fall into a month-to-month tenancy with the owner.

If the landlord wants to regain possession of the premises, they can look to start a holdover proceeding.

Other reasons that trigger a holdover include but are not limited to: violation of lease terms, nuisance behavior and illegal activity.

Similar to a nonpayment, before filing a holdover petition in court, the landlord must give the proper notice to the tenant to vacate. If the holdover is being initiated for any reason other than lease expiration, the notices will be tailored to the triggering event and the tenants right to cure.

IMPORTANT: Notice requirements will depend on how long the tenant has lived at the property but generally 1 year (30 days' notice), 1-2 year (60 days' notice) and 2+ years (90 days' notice). It is important that the landlord NOT collect rent after notice.

New York has some of the most intricate and complicated L&T laws in the country so it is important you work with an experienced L&T attorney.

If the tenant remains in possession even after the notice period, then the landlord will initiate court proceedings by filing the holdover petition and notice of petition.

In NYC, this is within the civil court of each borough and generally filed through NYSCEF whereas in Nassau and Suffolk County, the housing part is located within District Court and is not e-filed.

The process to evict a tenant can take time depending on several factors and whether or not the tenant is represented by opposing counsel.

There will be hearings, settlement conferences and potentially trials (depending on the facts) within each case. Sometimes, if a tenant fails to respond or appear in the action, the landlord can seek a "default judgment" with the Court asking for a judgment to be issued and a warrant of eviction to be executed.

Reach out to SNIDER LAW PLLC for your next eviction.