Holdover Actions

Holdover cases are brought by the landlord for reasons other than simple nonpayment of rent. It is important to understand your rights as a New York City tenant in these actions.

Typically, the procedure followed by the landlord is to first serve the tenant with a predicate notice and subsequently file an eviction case in Housing Court. The landlord cannot physically evict a tenant without first obtaining permission from the court.

Notices: the landlord is usually, but not always, required to serve the tenant with a "notice to cure" explaining how the tenant has violated the lease. It gives the tenant a chance to correct the improper behavior in order to prevent an eviction case.

The landlord must also usually serve a "notice of termination" on the tenant that provides a detailed description of the reasons for the termination of the tenancy. The notice will direct the tenant to vacate by a date certain or else a court action will commence.

(If the landlord serves both notices, the notice of termination will usually arrive 10 days after the notice to cure.)

If the landlord is not required to provide either type of notice, the landlord will serve a "notice to quit" which tells the tenant to vacate the apartment by a certain date.

Court action: after the time period set forth in the notice of termination or notice to quit passes, the landlord may commence an eviction action by serving and filing a holdover petition and notice of petition. The tenant can serve and file an answer on or before the court date. (It depends on how many days before the court date the landlord serves the petition on the tenant).

If you are a New York City tenant and your landlord has brought an eviction case against you, please contact New York City Tenant Attorney Eric Dinnocenzo at (212) 933-1675 for a free consultation.