New York Holdover Judgement is a type of legal action that is taken against a tenant who has failed to move out of a property after their lease has ended. It is an action that is initiated by the landlord, allowing the court to decide if the tenant should be evicted. This type of judgement is only applicable in the state of New York. There are two types of New York Holdover Judgement: Non-payment Judgement and Non-Primary Residence Judgement. A Non-payment Judgement is when a landlord requests a judgement from the court if a tenant fails to pay their rent after their lease has ended. The court can then order the tenant to pay any back rent that is owed, and if they do not, the tenant can be evicted. A Non-Primary Residence Judgement is when a landlord requests a judgement from the court if they believe the tenant is not occupying the property as their primary residence. The court can then order the tenant to provide evidence that the property is their primary residence, and if they cannot, they can be evicted.
New York Holdover Judgement
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FAQ
You have defenses against a landlord who tries to evict you because you've complained, even if you live in an unregulated apartment. Your landlord doesn't have to renew your lease if you live in an apartment not protected by rent stabilization or rent control laws.
As a landlord, you may start a Holdover Summary Proceeding to evict the tenant immediately after that date if the tenant fails to leave unless the lease or other rental agreement says that you have to give the tenant additional notice of when to leave.
If someone is living in the home that you didn't rent to, you must serve a Notice to Quit. The Notice to Quit must tell the occupant that he or she has 10 days to move and must give the reason. The reason is either that the occupant has to move because he or she is a licensee or a squatter.
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 Notice of Eviction gives you at least 14 days' notice and should have the date you must move. The eviction can be scheduled any time after that date. But you can only be evicted on a business day, so if the 15th day falls on a weekend, the eviction can't take place until Monday.
If you are served with a holdover petition, generally you must answer orally or in writing in the courtroom on the date of the hearing. However, if the petitioner serves the notice of petition at least 8 days prior to the return date, the notice of petition may ask you to answer at least 3 days before the hearing date.
Most New York City evictions will take around 3 to 6 months. However, the reason for the eviction can impact the timing. If the tenant has violated the lease, you can evict them in less than 3 months. Evicting a holdover tenant can take a lot longer, especially if they claim you didn't properly serve them notice.