Early this morning, Governor Kathy Hochul signed into law a new moratorium on COVID-related residential and commercial evictions for New York State which is in effect until January 15, 2022.
How long does it take to evict a holdover tenant in NYC?
If the reason for being evicted is one that can be fixed—such as an illegal sublet—landlords must give the holdover tenant 30 days to remedy the problem before they can begin the eviction process.
What happens when a tenant holds over?
The possession of a tenant who has ceased to be a tenant is protected by law. When a tenancy by holding over is given protection in any statute, it is termed as a statutory tenancy.
What is a holdover tenant in New York?
In New York State and New York City, a holdover tenant is someone who refuses to leave or pay rent after their lease agreement has ended. They must be a month-to-month tenant or have lawfully occupied the property for more than 30 days.
What is a hold over tenant?
During the holding over period, although the lease has expired, the terms are still in effect. This means the tenant has to meet all the obligations of their lease, including maintaining the premises and making all payments, including rent, unless there is a written agreement to vary the terms of the lease.
How long can a tenant stay after the lease expires New York?
If the tenant does not vacate after the expiration of the thirty days, the landlord’s counsel can proceed with a holdover eviction action in the appropriate local forum. At this point, the parties, through their attorneys, may attempt to negotiate a resolution to the situation.
What is holdover tenant?
A “holdover” occurs when a tenant continues to occupy and use the premises after the term of the lease ends. If the landowner continues to accept rent payments, the holdover tenant can continue to legally occupy the premises. If the landowner does not accept continued payments, eviction proceedings can occur.
How do I evict a holdover tenant?
To evict a holdover tenant, the landlord must treat the tenant as a trespasser who does not have permission to be on the property and who is acting wrongfully by staying on the property from the moment the lease ends.
Is holding over a new lease?
Holding over is a short-term solution on lease expiry Holding over is what happens when a tenant stays in occupation of its premises on expiry of its lease, with the landlord’s permission/consent, but without having renewed its existing lease or entered into a new lease.
Can a landlord evict a holdover tenant in New York City?
Across most of New York State, a landlord can evict a holdover tenant simply because they’ve stayed past the end date of their lease (thus violating their lease agreement). But in New York City, landlords may need an additional reason to legally evict a holdover tenant (see below). 4
What is a holdover tenant?
Tenants who remain in their rental unit after the end date of their lease become what’s known as holdover tenants.
How much notice must a tenant give before a holdover proceeding?
Depending on the answer, the tenant may receive as much as ninety day’s notice before a holdover proceeding can be commenced in the appropriate Court . In addition, the notice under the new law does not have to be timed to the end of a calendar month.
Where can I find information about a holdover eviction case?
A similar booklet is also available from the Unified Court System for tenants that provides information about procedures for responding when a landlord files an eviction case. A court case to evict a tenant who remains in a rental property after the tenant’s right to occupy the rental property has ended is called a Holdover Summary Proceeding.
