Holdover Evictions - Met Council on Housing Written notice must be served prior to commencing a holdover in court Your landlord must demonstrate a good cause to ask you to leave the apartment, and if you don’t, to start a holdover eviction case if: you live in a rent-stabilized, rent-controlled, or government subsidized apartment (regardless of whether your lease is current)
Statutory Rights of Residential Tenants in New York 24 Holdover Without Creation of a New Term Real Property Law § 232-c If a T whose term is longer that one month holds over, LL does not have automatic right to hold T for a new term If LL accepts rent, absent contrary express or implied agreement, T is deemed a month-to-month tenant Rights Limiting Landlord’s Advantage 25
Renewing your lease in an unregulated non-good cause (market-rate . . . Retaliation can be raised a defense in holdover eviction cases, but it can be difficult to prove (Read our information sheet about holdover evictions ) Even if you are successful, the most that a housing court judge can award is the right to one renewal lease, but you cannot be awarded long-term rights to the apartment
Nonpayment of Rent Eviction Cases - Met Council on Housing As in the case of holdover, a judge must give at least one 14-day adjournment if you ask Additional adjournments are not automatic You can ask the court to assign you counsel Let the judge know that you need help finding counsel and that you need the court to help Let the court know if you are a senior (60 years old or over) or have a
Rent Stabilized Lease Renewals - Met Council on Housing However, be advised that chronic late payment of rent is grounds for a landlord to begin a holdover eviction proceeding against a tenant – whether or not the tenant is behind in the rent at the time of the court case For more on this, read our information sheet on holdover evictions My landlord has not sent my renewal lease – what should
Protecciones Contra Los Desalojos Durante COVID El casero no puede demandarle en casos de toma de posesión sin causa (no-cause holdover) durante 1 año EXCEPTO en edificios con 4 unidades o menos donde el propietario miembro de su familia quiere ocuparlo inmediatamente y EXCEPTO donde el propietario diga que el inquilino intencionalmente causa daños significativos a la propiedad o el