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What happens during a holdover proceeding in New York?

Posted by Melvin Monachan | Oct 10, 2019 | 0 Comments

Holdover cases are brought in New York to evict a person for reasons other than nonpayment of rent. Holdover cases typically tend to be much more complicated than simple nonpayment evictions. If you are a tenant and an action has been taken against you, the matter should be taken seriously. Likewise, if you are a landlord, you can't bring a holdover case for unjustifiable reasons. There are certain rules and procedures that both the landlord and the tenant must follow. 

Here's an overview of what you should know about holdover cases in New York.

When are holdover cases typically brought by a landlord?

A landlord can bring a holdover case for the purpose to evict on a number of grounds. Common reasons include:

  • the tenant violated a provision of the lease;
  • the tenant unlawfully allowed other persons to live in the rental unit; 
  • the tenant has become a nuisance to other tenants (e.g., loudly entertains people at all hours of the night, is suspected of dealing drugs, etc.); and
  • the tenant has stayed beyond the expiration of the lease agreement.

The landlord, however, is not the only person who can bring a holdover case. A roommate may qualify to do so if he or she is named on the lease while the roommate to be evicted is not. 

How is a holdover case in New York started?

A holdover case is usually commenced by the completion, service, and filing of the following forms:

  • predicate notice
  • petition
  • service copies
  • notice of petition
  • postcard.

The petition must include the following information:

  • the interest in the premises as the petitioner
  • the interest in the premises as the respondent
  • respondent's relationship with petitioner
  • a description of the premises
  • the facts that led to the petition
  • the relief sought.

If the building is a multiple dwelling, then the petitioner also must include the effective registration statement on file with the office of code enforcement, the multiple dwelling registration number, and the name and address of the managing agent.

Once these forms are completed, you must bring them to the Landlord-Tenant Clerk's Office and purchase an index number for $45.00. The index number is your case number. You'll choose the court date and the clerk will provide you with the courtroom number. If you are the landlord filing the petition, you must make sure the tenant receives a copy of it – it is not the court's responsibility.

The Petition and Notice must be served between 5 and 12 calendar days from the court date. Once the papers are served, you must return the original Notice of Petition with the notarized affidavit of service to the clerk. You also need to bring the stamped postcard into the clerk so the court can mail it to the tenant. 

As you can see, the completion of forms and the overall process can get complicated. Failure to follow the rules could mean your case is thrown out. The court takes the procedures as seriously as it does the substance of the petition. If you have questions, contact an experienced Landlord Tenant attorney in the greater New York City area. 

About the Author

Melvin Monachan

Melvin Monachan is the founder of The Law Office of Melvin Monachan, PLLC, a full service, real estate law firm representing individuals, investors and corporate entities in all aspects of real estate law. On the transactional side, Melvin represents purchasers and...

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