Representing Tenants & Landlords In Holdover Proceedings

At The Law Office of Seth Rosenfeld, Esq., we help both tenants and landlords navigate the difficult legal issues that sometimes arise in this business relationship. Among the most complex and stressful actions are holdover proceedings.

A holdover proceeding is the process by which landlords seek court permission to evict tenants (usually for reasons other than unpaid rent). Whether you are a landlord or a tenant, it is important to understand your rights, responsibilities and legal options in these types of proceedings. Our attorney has over 15 years of experience in New York City landlord-tenant law and is ready to guide you through the process.

Representing Tenants In Holdover Proceedings

You may have received a written notice from your landlord stating that you have a certain amount of time to move out (such as a "30-day notice to vacate") or a certain amount of time to correct a lease violation (such as a "10-day notice to cure"). In either case, these notices are not eviction dates. Instead, they are deadlines by which the landlord plans to begin holdover proceedings if you don't move out or correct the problem.

Your landlord may be trying to take the apartment back for many reasons, including:

  • Allegations that you are illegally subletting the apartment
  • Allegations that you violated the terms of your lease
  • Allegations that the apartment is not being used as your primary residence
  • Allegations that you made prohibited alterations to the apartment
  • Allegations of creating a public nuisance or disturbance
  • The landlord wanting the apartment for his or her own use (such as housing a family member)
  • Allegations that you regularly failed to pay rent on time

It is important to respond quickly to contest the allegations and prevent eventual eviction. When you contact our firm for assistance, we will get to work right away collecting evidence and other documentation that could help you win your case.

Representing Landlords In Holdover Proceedings

As a landlord, you are likely to be familiar with holdover proceedings and how they work. But please note that following proper procedure is critical to building your case. Failure to issue proper notices or making legal errors could result in the case being dismissed (in favor of the tenant). For this and other reasons, calling our firm is a wise investment in your business and your peace of mind.

Free Consultations Available — Contact Us Today

The Law Office of Seth Rosenfeld, Esq., serves clients throughout Queens, New York. To take advantage of a free initial consultation with an experienced lawyer, please send us an email or call our office (in the Forest Hills neighborhood of Queens) at 800-699-1594.