In our last post, we talked briefly about nonpayment cases in New York Housing Court. As we noted, it can be important to work with an experienced attorney in nonpayment cases, since doing so ensures that one has guidance in navigating the process and advocacy for one’s rights. Here we’d like to talk briefly about holdover cases, which are actions brought by a landlord to evict a tenant or another individual not for mere nonpayment, but for other reasons.
There are a variety of circumstances in which landlords may initiate a holdover case, but they are always related to an allegation that the individual is breaking the lease or otherwise not acting as a tenant should act. The latter can refer to situations where the individual staying in the rental property is not a tenant at all. Landlords are usually required to provide written notice to the tenant to give them a chance to correct the problem as well as written notice of termination of the lease, but not always.