Not every eviction proceeding that a landlord feels compelled to file against a tenant in New York has to do with the nonpayment of rent.
Holdover cases are brought to evict tenants for a variety of reasons – all of which tend to be more complicated than a simple failure to pay.
What usually leads to a holdover action?
Holdover actions often result from messy disagreements between landlords and tenants – but they can also occur between tenants, too. Some examples of situations that lead to holdover agreements include:
- Blatant violations of the tenant’s lease, such as having pets that are not permitted, dealing drugs from the property or generally being a nuisance or threat to others
- A tenant who sublets their property (whether long-term or as a temporary rental through Airbnb) illegally or adds roommates in violation of the lease
- A tenant has permitted a romantic partner or a friend to share their dwelling and now wants them to leave – but the other party refuses to move out
- A landlord discovers a squatter on the premises or a tenant simply will not leave even though their lease has ended
Before you can proceed with an actual eviction, you need to petition the court for relief. However, you cannot begin this process without providing sufficient notice to the tenant. Depending upon the situation, you may need to provide the tenant with a 10-day “Notice to Cure” and the opportunity to correct the problem, or a 10-day “Notice to Quit” if they are being evicted no matter what. For month-to-month tenants in non-rent stabilized dwellings, you may need to give your tenant more notice, via a 30/60/90 day “Notice of Termination.”
Evictions in New York are far more complicated than most people realize, and a misstep in the process can set you back at square one. Seeking experienced legal guidance can help you avoid unnecessary problems and delays.
