When a tenant holds over, in other words refuses to leave after their tenancy expires, or violates other lease and rental agreement provisions, landlords may take corrective actions by starting a holdover summary proceeding.
The Holdover Summary Proceeding process generally involves serving a tenant with one of several types of notices depending on the reason for the holdover such as a notice to cure, a notice of non-renewal, a notice of intent to take possession and termination notice. The notice to the tenant is followed by summoning a tenant to court with a notice of petition and petition with an assigned court date and time. Thereafter appearing in court, negotiating a stipulation of settlement, drafting and arguing motions, an inquest of traverse hearings and a bench or jury trial, obtaining a judgment of possession, hiring a city marshal to requisition the issuance of a warrants, working directly with a city marshal as well as city agencies to conduct a schedule eviction, opposing orders to show cause that may delay and stay a scheduled eviction and ultimately obtaining a court order to allow a city marshal to conduct an eviction.
The most common reasons why small property landlords and rental housing providers start a holdover summary proceeding are lease expiration holdovers, non-renewal and termination of monthly and yearly holdovers tenants, squatter holdovers, licensee holdovers, illegal sublets holdovers, non-primary residence holdovers, nuisance holdovers, chronic non-payment holdovers, failure to provide access holdovers, pet holdovers, and substantial breach of lease holdovers.
When it comes to holdover summary proceedings, not all attorneys are created equal. For more than a decade as one of New York's foremost authorities on landlord tenant disputes and summary proceedings, Gordon Legal has provided counseling and representation to clients throughout every phase of the holdover summary proceeding process. We know that our number one priority is to ensure that all the highly technical documentation is prepared correctly, unforgiving deadlines are met, and that you get the best possible advocacy in court.
Landlord tenant law, like so many other areas of law, demands a meticulous attention to detail to ensure there are no procedural missteps. That is why we always advise seeking the advice and counsel of an experienced local landlord tenant lawyer prior to starting a holdover summary proceeding case.
New York small property landlords, mom and pop homeowner rental housing providers face the toughest headwinds of tenant protections. While it seems that there are many measures to protect decent well-mannered tenants from bad landlords, there is considerably less effort protecting good landlords from the worst of the worst holdover tenants. This is the domain of Gordon Legal. Our client centered legal representation is the foundation of our success. By offering exceptional work, along with personal attention, we provide you with comprehensive, cost-effective, practical solutions to handling difficult, holdover cases. We empower you to enforce legal rights to your apartments, homes, and properties by providing the tools needed to both prevent and resolve landlord tenant disputes.
We admonish small property landlords and rental housing providers to contact an experienced landlord tenant attorney at the first indication of a landlord tenant dispute. Too often, landlords get infected with an insidious disease of wishful thinking and hoping that a problem will resolve itself on its own, when in fact landlord tenant disputes rarely work themselves out so simply.
In a perfect world, every tenant you will ever have will pay rent on time, take diligent care of your property, and not engage in illegal activities. In a perfect world, you will never have to evict your tenant. Unfortunately, this is not always the case. Please do not wait until the situation worsens and risk damage to your property, enlarging nuisances, losing months of rent, and all manner of other consequences to your rental property – take proactive action with Gordon Legal.