Representing Property Owners In Residential Holdover Proceedings

A core area of our practice is prosecuting residential holdover proceedings based upon violations of lease and law. We service all of New York City, Long Island and Westchester counties. We regularly handle:

• Nonprimary residence: This targets tenants who occupy rent-stabilized or rent-controlled units but primarily reside elsewhere.
• Chronic nonpayment: These are tenants who repeatedly fail to pay rent on time, leading to multiple nonpayment cases.
• Owner’s use: Property owners may seek to evict tenants if they intend to reclaim the unit for personal use.
• Illegal subletting: It occurs when a tenant rents out the unit to another party without the owner’s consent.
• Nuisance evictions: They arise when tenants engage in behavior that interferes with the comfort and safety of other residents.
• Violation of no-pet clause: These occur when tenants keep pets in violation of their lease agreements.
• Expiration of term: When a lease term expires, and the property owner chooses not to renew, they may initiate a holdover proceeding to remove the tenant.
• Illegal alteration/illegal use: This is for tenants who modify the unit without permission or use it for unauthorized purposes, like commercial activities in residential spaces.
• Breaches of a substantial obligation of tenancy: This category covers serious violations of lease terms, such as unauthorized renovations or overcrowding.
• Short-term rental/bed and breakfast: Owners can evict tenants who rent out their units on platforms like Airbnb without permission.
• Objectionable conduct: These holdovers target tenants whose behavior negatively impacts neighbors or the property, like verbal abuse or physical altercations.

We maintain a critical understanding of ongoing changes in the relevant legislation and case law as they affect property owner and tenant claims and defenses.

Frequently Asked Questions For Property Owners

Below are answers to common questions that property owners ask.

What are the costs involved in holdover proceedings?

Costs depend on the case’s complexity but generally include court fees, attorney fees and fees for process servers. Working with an attorney can help determine the cost of these proceedings.

How long does a holdover proceeding take?

The duration can range from one to six months, depending on factors such as tenant defenses and court scheduling.

Cases involving nuisances or nonprimary residences may take longer due to additional evidence requirements.

What happens if the tenant cannot be located?

If the tenant cannot be located, property owners can request alternative service methods, such as posting notices on the property or publishing them in a local newspaper.

Schedule Your Consultation

To meet with one of our lawyers, call our office at 855-720-2776 or send us an email to arrange a time to talk. Our experienced attorneys will consult with you concerning the facts to prepare preliminary notices and proceedings and to aggressively pursue your claims.