Holdover Proceeding Lawyers

Residential

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Differentiating from Non-Payment proceedings solely aimed at rent arrears collection, Holdover proceedings primarily target apartment possession recovery from Tenants for various reasons:

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• Breach of Lease provisions or legal violations.

• Failure to use a rent-regulated apartment as the primary residence.

• Landlord's need for personal or immediate family residency.

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While addressing rent collection or use and occupancy post-lease termination, Holdover proceedings prioritize possession recovery. Grounds for such proceedings include when the Tenant:

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• Illegally sublets the apartment.

• Undertakes unauthorized alterations.

• Consistently defaults on rent, leading to Landlord-initiated legal action.

• Violates pet clauses in the lease agreement.

• Engages in conduct damaging the property or disturbing other tenants.

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These proceedings are intricate, demanding strict adherence to procedural requirements. Proper preparation and prosecution are imperative. Depending on the grounds, adherence to procedural requirements for preparation and service of predicate notices is crucial. These notices include Notice Cure, Notice of Termination, Notice of Intention Not to Renew the Tenant’s Lease Upon Non-Primary Residence, and Notice of Intention Not to Renew Tenant’s Lease for Owner Occupancy.

Expert analysis of underlying facts, preparation, and service of required notices ensure a robust foundation for Holdover proceedings. Following the legal effect of predicate notices, preparation, service, and filing of the Holdover Notice of Petition and Petition occur. This places the case on the court calendar for disposition, whether by settlement, motion practice, or trial.

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Commercial Holdovers

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• Illegal subletting or assignment.

• Unauthorized alterations.

• Proceedings to enforce lease provisions.