What is a holdover action in New York Housing Court?

On Behalf of | Sep 26, 2014 | Landlord/Tenant Matters

Disputes between landlords and tenants occur on a daily basis in New York City. Unfortunately, sometimes these disputes lead to the threat of eviction.

There are times when a landlord will commence a holdover action against a tenant in an attempt to evict the tenant. A holdover actions is not based on a failure to pay rent, but is commenced for other reasons.

If the landlord alleges the tenant is not abiding by the lease agreement, the landlord will present the tenant with a “Notice to Cure.” Such a notice is meant to give a tenant the time they need to come into compliance with the lease. A “Notice of Termination” will give the tenant the reason why the landlord is evicting them, and when they must leave the rental property.

In order to start a holdover action in New York City, the landlord must serve the tenant with a Petition and a Notice of Petition. The clerk of court will also mail the tenant a postcard. These papers notify the tenant when and where their court hearing will be held. A tenant who receives these papers must then appear in court to answer the petition. At the hearing, the tenant will have the opportunity to speak in their defense. If a tenant fails to attend the court hearing, a decision can be made in their absence and could result in an eviction.

While the above information is not meant to be legal advice, it should give you a basic understanding of the holdover process in New York City. Those who have questions about holdover actions or evictions in general may want to seek professional advice on the topic. Doing so may help you protect your rights.

Source: nycourts.gov, “New York City Tenants Questions & Answers About Housing Court,” accessed Sept. 22, 2014