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.
