Landlord?ˆ™s Guide To Holdover Summary Proceedings (For Courts Outside New York City) - This is a 34 page official state guide to assist landlords and tenants with housing court procedures in cases involving a tenant who?ˆ™s stayed past the expiration of the lease term.
Landlord?ˆ™s Guide To Holdover Summary Proceedings (For Courts Outside New York City)
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FAQ
To remove a tenant from a property, a landlord must initiate a holdover proceeding, which essentially is an eviction case that is not based on missed rent payments. This is a process that is usually handled in eviction or small claims courts.
In New York State and New York City, a holdover tenant is someone who refuses to leave or pay rent after their lease agreement has ended. They must be a month-to-month tenant or have lawfully occupied the property for more than 30 days.A standard holdover case is for when someone was on the lease and now won't leave.
A holdover tenant is a tenant who continues to pay rent, even after the lease has expired. The landlord must also agree, or else eviction proceedings may occur.This issue is often negated by the month-to-month rental clause that's in most tenancy agreements.
To evict a hold over tenant, the landlord must treat the tenant as a trespasser who does not have permission to be on the property and who is acting wrongfully by staying on the property from the moment the lease ends. The best way to deal with a trespasser will depend on the laws of your state and locality.
To start a holdover case, the landlord/owner must give you court papers called a Notice of Petition and Petition. The landlord/owner must give you the papers the right way (see page 6). The papers tell you the date, time and place (courtroom or Part) when you must come to court.
A holdover case is brought to evict a tenant or a person in the apartment who is not a tenant for reasons other than simple nonpayment of rent. A holdover case is much more complicated than a nonpayment case. A holdover proceeding can have many variations.
The process for evicting a holdover tenant in New York is known as a "holdover summary proceeding." 3 It's similar in some ways to a regular eviction proceeding (albeit more complicated) and involves the landlord asking the court's permission to evict the tenant, serving the appropriate court documents to the tenant,