What is a Holdover Tenant?

Typically, every legal Tenant who resides in a property is subject to either a fixed term lease or a non fixed term lease (also known as a “Month to Month lease”).

Tenants who are subject to a fixed term lease have a definitive end date for when that lease shall expire, this term can be anywhere from one month to 50 years, however the lease agreement will specify when this end date occurs.

In the New York State housing system however, it is incredibly common for Landlords and Tenants to mutually agree that a lease should continue past its expiration date.

How to terminate a Holdover Tenancy?

Under New York Real Property Actions and Proceedings Law § 226, there is a codified amount of time that each tenant, who has holdover past their lease term, has to receive notice in order be properly evicted from the property. It is important to note, that these notices need to be served in accordance with New York State Law.

 What happens after the notices are served?

Following the service of the termination notices, you would then Petition the court to remove the Tenant and subsequently obtain a warrant of eviction.

What happens if a Tenant stops paying rent?

Under every lease agreement, a tenant will have to pay rent in some form. The lease agreement will specify on which day of the month rent is due as well as what provisions, if any, there are for late fees.

If a tenant does not pay their rent on time, the Real Property Actions and Proceedings Law, referred to as RPAPL, codifies the necessary procedure needed in order to commence an eviction proceeding against that tenant which includes serving the tenant the requisite non-payment notices.

What happens after the Non-Payment notices are served?

Following the service of the proper notices for payment, you would then petition the Court for removal of the tenant. Note: it is very important for you to adhere to the strict timelines under the RPAPL and CPLR to increase your chances of success in Court.