How long does it take to evict a holdover tenant NYC?

The court will give the landlord/owner a judgment, but the landlord/owner won’t be able use the judgment to evict you for 30 days. If you fix the condition during this time, the judgment will be cancelled.

What does tenant holdover mean?

A “holdover” occurs when a tenant continues to occupy and use the premises after the term of the lease ends. If the landowner continues to accept rent payments, the holdover tenant can continue to legally occupy the premises. If the landowner does not accept continued payments, eviction proceedings can occur.

What does a holdover mean?

What are holdover proceedings in New York State?

Holdover Proceedings in New York State Prior blog posts have discussed the difference between the two types of landlord-tenant eviction proceedings. To summarize, non-payment proceedings occur when a tenant fails to pay rent or other charges due to the landlord.

When does a landlord bring a holdover case?

A holdover proceeding can have many variations. For example, if the tenant has violated a lease provision, illegally put others in the apartment, has become a nuisance to other tenants, or is staying after a lease has expired, the landlord may bring a holdover case.

How does a holdover eviction work in New York?

Typically, the first step in a holdover eviction happens outside the court system. Under New York law, the landlord must provide the residential tenant with a notice to terminate the leasehold. However, the type of notice that must be provided is dependent on the reason for the eviction.

How is a holdover case different from a nonpayment case?

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.

When to use a holdover summary in a lawsuit?

A Holdover Summary Proceeding is for evicting a tenant. As a landlord, if you want to sue for unpaid rent or for money to pay for damages to the rental property that the tenant caused and are notseeking to evict the tenant, a Holdover SummaryProceeding is the wrong type of lawsuit. Do not use this booklet if that is your situation.