Nadel & Ciarlo, P.C.

What are predicate notices in holdover actions in New York?


In New York City, a large number of people own real estate and have tenants in residential structures. While in many cases this goes smoothly and without any lasting problems, it's unavoidable that lease disputes, problems with tenants or landlords and other issues will arise. One issue that frequently comes up involves holdover actions. With holdover actions, the goal is to evict the resident who is not a tenant and it is not due to the failure to pay rent. In order to move forward with holdover actions, there must be predicate notices in place.

Before the holdover proceeding begins, there are notices that must be provided by law. It is contingent on the tenancy and the reasons why the proceeding is underway. They might include the Notice Not To Renew a Lease, Notice of Termination, a Notice to Quit and others. A Notice to Quit might be brought if a resident in the home is squatting or is a licensee. A squatter moves into the home without permission and is not paying rent. Allowing a person to stay in the home without paying rent is called a licensee.

The owner has to serve the predicate notice form on the tenant. There are different rules that hinge on the type of case it is. If there is a rent issue, then the notice should be given 30 days prior to the next day the rent is due. For a squatter or licensee, it is possible to use a 10-day notice. It can be served regardless of the time.

It can be difficult to deal with tenants and trying to remove them from the premises. Those who are doing so must follow the law and give the tenants the correct forms to let them know that holdover actions are commencing. Part of that is having the predicates in place.

Source: nycourts.gov, "Predicate Notices," accessed on Sept. 8, 2015

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