Two types of Evictions in New York are the: 1) Holdover Eviction and 2) Non-Payment Eviction.
A Holdover Eviction usually occurs in a non-regulatory unit when the lease has expired or is about to expire; and the landlord does not want to renew the lease.
A Non-Payment Eviction occurs when a lease is in effect and the tenant has failed to pay rent. Usually, a Non-Payment case is resolved when the rental arrear balance is cleared.
A Residential Eviction occurs when the property sought in an eviction is for the residential premises/home of the tenant. Generally, the residential tenant has more rights than the commercial tenant. A Residential Eviction may occur in New York State Supreme Court as an ejectment action; however, these instances are particular in nature.
A Commercial Eviction occurs when the property sought in an Eviction is for the Commercial premise/office/store/restaurant of the commercial tenant. In New York City, most Commercial Evictions occur in New York Civil Courts – Part 52, which is the Commercial Landlord Tenant Part. A Commercial Eviction may be brought in New York State Supreme Court as an ejectment as well.
Residential Evictions:
A Residential Eviction occurs when the property sought in an eviction is for the residential premises/home of the tenant. Generally, the residential tenant has more rights than the commercial tenant.
Rarely, a Residential Eviction may occur in New York State Supreme Court as an ejectment action; however, these instances are particular in nature
Commercial Evictions:
A Commercial Eviction occurs when the property sought in an Eviction is for the Commercial premise/office/store/restaurant of the commercial tenant. In New York City, most Commercial Evictions occur in New York Civil Courts – Part 52, which is the Commercial Landlord Tenant Part. A Commercial Eviction may be brought in New York State Supreme Court as an ejectment as well.
Holdover Evictions:
A Holdover Eviction usually occurs in a non-regulatory unit when the lease has expired or is about to expire; and the landlord does not want to renew the lease.
Usually, prior to commencing a Holdover Eviction, the landlord will have served a termination notice, which either ends the tenancy, lease term or month-to-month tenancy.
For a Residential Eviction, the length of the termination varies dependent upon the time the tenant has resided in the property. If the tenant has resided in the property over two years, the tenant should be served with a ninety-day termination notice. If the tenant has resided in the property less than two years, but more than one year, the tenant should have been served a sixty-day termination notice. If the tenant has resided in the property less than one year, the tenant should have been served a thirty-day termination notice. These are the predicate notices required to be served prior to starting a Holdover Eviction. Failure to serve these predicate notices will most likely result in a dismissal of the Holdover Eviction.
For a Commercial Eviction, our office usually serves a thirty-day termination notice prior to commencing a Commercial Holdover Eviction case in New York Civil Court Part 52.
Non-Payment Evictions:
A Non-Payment Eviction occurs when a lease is in effect and the tenant has failed to pay rent. Usually, a Non-Payment case is resolved when the rental arrear balance is cleared.
Prior to commencing a Non-Payment Eviction, the tenant should be served a five-day notice of rent default via certified mail and a fourteen-day rent demand. These are the predicate notices required to be served prior to starting a Non-Payment Eviction. Failure to serve these predicate notices will most likely result in a dismissal of the Non-Payment Eviction.
A Non-Payment Eviction should occur when a lease is in effect and the premises are a legal rental unit. If you have a basement unit, usually these units are illegal in New York City, and your Non-Payment case will be deemed defective and subject to dismissal. For illegal units, the remedy in Evictions is usually under a Holdover Eviction.
