Holdover Proceedings

Residential

The distinguished from the Non-Payment proceeding whose sole objective is the collection of rent arrears, Holdover proceedings are brought for the principle purpose of recovering possession of an apartment from a Tenant for various reasons including the Tenant’s violation of specific provisions of his or her Lease and/or violations of the Law; or upon other grounds specified by the Law such as the failure of the Tenant to utilize a rent regulated apartment as his or her primary residence, or the intention of the Landlord recover possession of an apartment for use for Landlord or immediate family as its primary residence. The collection of rent, or use and occupancy as it is known in a holdover proceeding after the Tenant’s lease has been terminated, by notice, or expiration of the term, is also addressed within the context of the holdover proceeding, although that it is not the main objective thereof. Holdover proceedings can be brought on numerous grounds such as, the Tenant:

• is illegally subletting an apartment;
• undertaking illegal alterations without the consent of the Landlord;
• has been guilty of chronic non-payment or late payment of rent requiring the Landlord to institute legal proceedings to collect same;
• harboring pets in violation of a “NPet” clause contained in the written lease agreement;
• engaging in conduct which constitutes a nuisance in terms of potentially damaging the property and/or interfering with the rights of other tenants/occupants of the building.

These proceedings are fairly complicated and require strict adherence various procedural requirements to properly maintain and prosecute completion. Depending upon the grounds upon which the Holdover proceeding is commenced, many requirements attendant to preparation and the service of the predicate notices must be strictly adhered to. Service of a predicate notice (Notice Cure, Notice of Termination, Notice of Intention Not to Renew the Tenant’s Lease Upon Non-Primary Residence, Notice of Intention Not to Renew Tenant’s Lease for Owner Occupancy, etc.) is a critical first step in instituting a Holdover proceeding against the Tenant. The failure to properly launch this first step in the Holdover process can have significant adverse consequences. We expertly analyze the facts underlying the proposed Holdover proceeding, and prepare and serve the required predicate notices and thereafter Holdover proceedings move forward on firm footing. After the requisite periods of time required for the predicate notices to take legal effect, we proceed with the preparation, service and filing of the Holdover Notice of Petition and Petition, which places the case on the calendar of the Court for ultimate disposition, whether by settlement, motion practice or trial.

Commercial Holdovers

• Illegal sublet or assignment
• Illegal alterations
• Proceedings to enforce lease provisions