New York Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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US-03329BG
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A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Holdover tenant refers to a renter staying in the property after their lease terminates without signing a new lease. In this situation, the landlord may take steps to remove the tenant from the property or bind the tenant to a new lease.

When a tenant stays in a property beyond the expiration of the lease, what is that tenancy called? The answer is tenancy at sufferance.

If a landlord continues to accept rent payments, a holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the new rental term?. If a landlord does not accept further rent payments, the tenant is considered a trespasser and may be evicted.

All holdover tenants are given a written notice to vacate. The landlord must serve this written notice on the tenant at least 14 days before the eviction date, which is also listed in your notice. You must also state that if your tenant does not leave by that time.

If the tenant does not vacate after the expiration of the thirty days, the landlord's counsel can proceed with a holdover eviction action in the appropriate local forum.

A holdover tenant is a renter who remains in a property after the expiration of the lease. If the landlord continues to accept rent payments, the holdover tenant can continue to legally occupy the property, and state laws and court rulings determine the length of the holdover tenant's new rental term.

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.

Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted.

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New York Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term