Rockland County Holdover Proceeding Lawyer

If you own rental property, one of the last situations you ever want to find yourself in is having a tenant refuse to leave after his or her tenancy has come to an end. This exact situation is essentially every landlord’s worst nightmare. Unfortunately, this happens more often than many landlords realize, and when it does, it is important that you understand your rights and the proper process for recovering possession of your property. Continue reading and reach out to a seasoned Rockland County landlord lawyer from the Law Office of Peter A. Hurwitz, PLLC to learn more about how our dedicated legal team can help if you’re facing a holdover proceeding and how we can work to protect your rights at every turn.

What Is a Holdover Proceeding in New York?

A holdover proceeding is a legal action filed by a landlord to recover possession of a rental property after a tenant’s legal right to remain in the property has ended. Unlike some other landlord-tenant cases, the purpose of a holdover proceeding is not to recover unpaid rent, but to obtain a court order allowing the landlord to regain possession of the property.

There are several situations where a holdover proceeding may be appropriate. Some of the most common include the following:

• A lease has expired and the tenant refuses to move out.
• A month-to-month tenancy has been properly terminated.
• A tenant has violated an important term of the lease.
• A tenant remains in possession after receiving a lawful notice to vacate.
• A licensee or other occupant refuses to leave after permission to remain has been withdrawn.

What Is the Difference Between a Holdover Proceeding and a Nonpayment Proceeding?

Many landlords hear the terms “holdover proceeding” and “nonpayment proceeding” used interchangeably. However, they are actually two different legal actions, and understanding the difference is important before deciding how to move forward.

A holdover proceeding is based on the fact that the tenant no longer has the legal right to occupy the property. For example, the lease may have expired, the tenancy may have been terminated, or the tenant may have committed a lease violation that justifies ending the tenancy.

A nonpayment proceeding, on the other hand, is based on unpaid rent. In these cases, the landlord is alleging that rent is due and has not been paid. Depending on the circumstances, the tenant may be given the opportunity to pay the outstanding rent and avoid eviction.

Simply put, one case focuses on possession of the property, while the other focuses on unpaid rent. Filing the correct type of proceeding is important because each follows different requirements, requires different notices, and can lead to different outcomes.

When Can a Landlord File a Holdover Proceeding?

A landlord cannot file a holdover proceeding simply because he or she wants a tenant to leave. Instead, there must be a legal basis for terminating the tenancy first.

For example, if a lease has reached its expiration date and the tenant remains in the property after the tenancy has ended, a holdover proceeding may be appropriate. Likewise, if a month-to-month tenant has been given the proper notice required under New York law and refuses to vacate after that notice period expires, the landlord may have grounds to file.

In certain situations, a landlord may also pursue a holdover proceeding when a tenant has substantially violated the lease. This could involve unauthorized occupants, prohibited pets, repeated violations of lease terms, or other conduct that allows the landlord to terminate the tenancy under the lease agreement and New York law.

What Notices Must Be Served Before Starting a Holdover Proceeding?

Before most holdover proceedings can begin, landlords must first serve one or more notices on the tenant. The specific notice required depends on why the tenancy is being terminated. Some of the notices that may be required are as follows:

• A notice to cure, when the tenant may have an opportunity to correct a lease violation.
• A notice of termination after a lease violation has not been corrected.
• A notice terminating a month-to-month tenancy.
• Any additional notice required by the lease agreement or applicable New York law.

These notices are much more than simple letters asking someone to leave, and they must contain certain information, they must provide the proper amount of notice, and they must be served in accordance with the law. This is why it’s important to have a competent landlord holdover proceeding lawyer in your corner.

How Does the Holdover Proceeding Process Work in New York?

Once all required notices have been properly served and the applicable notice period has expired, the landlord may file a holdover proceeding with the appropriate court. Though every case is unique, the process often includes the following steps:

• Prepare and serve all legally required notices.
• File the holdover petition and supporting court documents.
• Properly serve the tenant with the petition and notice of petition.
• Attend all required court appearances.
• Present evidence showing why the landlord is entitled to possession.
• Obtain a judgment of possession and, if appropriate, a warrant of eviction.

During the proceeding, the tenant has the opportunity to appear in court and raise any defenses that may apply. The court will review the evidence presented by both parties before deciding whether the landlord is legally entitled to recover possession of the property.

Even after a landlord obtains a favorable judgment, the court must issue the appropriate authorization, after which the eviction will be carried out according to New York law by the proper enforcement officer.

Contact a Holdover Proceeding Lawyer in Rockland, Westchester & Orange Counties & NYC

If you own residential or commercial property in Rockland County and are considering a holdover proceeding, you need a landlord lawyer in your corner who you can depend on. Fortunately, if you’re reading this, you’re in the right place. For decades, our firm has effectively represented the interests of landlords in Rockland, Westchester, and Orange Counties, as well as in NYC. Contact the Law Office of Peter A. Hurwitz, PLLC today to learn how our firm can help protect your interests and guide you through the process from start to finish.