This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.
Holdover tenancy in a lease occurs when a tenant continues to occupy a rental property after their lease agreement has expired. In New York, addressing holdover tenancy in a lease requires property owners and landlords to adhere to specific laws and procedures. Here, we will discuss the details of holdover tenancy in New York, including its types, legal consequences, and obligations of both landlords and tenants. 1. What is Holdover Tenancy in New York? Holdover tenancy, commonly known as a "holdover tenant," refers to a situation where a tenant remains on the leased premises after the expiration of their lease agreement. In New York, holdover tenancy is governed by the laws outlined in the Real Property Actions and Proceedings Law (RP APL) and the lease agreement between the landlord and tenant. 2. Types of New York Holdover Tenancy a) Tenancy at Will: When a tenant continues to occupy the rental property with the landlord's consent, and there is no written agreement in place after the lease has expired, it is referred to as tenancy at will. This situation can also arise if the tenant renews their lease informally without signing a new agreement. b) Tenancy at Sufferance: If a tenant remains on the premises without the landlord's consent after the lease expires, it is known as tenancy at sufferance. In this case, the tenant is essentially occupying the property unlawfully. 3. Legal Consequences for Holdover Tenancy a) Rent Increase: If a tenant continues to occupy the property without a new written agreement, the landlord may increase the rent. However, this increase is limited by the rules laid out by the Rent Guidelines Board (RGB), ensuring that any increase is reasonable. b) Eviction Proceedings: If a holdover tenant fails to vacate the premises or refuses to pay the increased rent, the landlord has the right to initiate eviction proceedings through the court system. This legal process involves filing a Holdover Petition and obtaining a judgment of possession from the court to regain possession of the property. 4. Landlord's Obligations and Procedures To address holdover tenancy in a lease, New York landlords must adhere to specific procedures: a) Notice to Quit: The landlord must serve a written Notice to Quit to the tenant, demanding they vacate the premises. The notice period varies depending on the type of tenancy. b) Commencement of Legal Proceedings: If the tenant fails to vacate the property as per the Notice to Quit, the landlord can initiate legal proceedings by filing a Holdover Petition with the appropriate court. c) Court Process: The landlord must attend court hearings and present evidence to establish the tenant's holdover status. If the court grants a judgment of possession, the landlord can proceed to obtain a warrant of eviction and regain possession of the property. 5. Tenant's Options and Responsibilities a) Compliance with Notice: The tenant should strictly comply with the Notice to Quit, vacating the premises within the specified period. b) Negotiation with the Landlord: If a tenant wishes to remain on the property, they can negotiate with the landlord to renew the lease or work out a new agreement. c) Legal Defense: Tenants also have the right to defend themselves in court against eviction by presenting evidence, disputing the reasons for eviction, or raising any legal defenses available under New York State law. In summary, New York State addresses holdover tenancy in a lease through specific procedures, such as issuing the Notice to Quit, pursuing legal actions, and increasing the rent. Understanding the types, legal consequences, and obligations involved in holdover tenancy is crucial for landlords and tenants to navigate this situation successfully.
