What is a holdover proceeding in NYC?

A holdover case is brought to evict a tenant or a person in the apartment who is not a tenant for reasons other than simple nonpayment of rent. A holdover case is much more complicated than a nonpayment case. A holdover proceeding can have many variations.

Who is holdover?

A holdover tenant is a renter who remains in a property after the expiration of the lease. If the landlord continues to accept rent payments, the holdover tenant can continue to legally occupy the property, and state laws and court rulings determine the length of the holdover tenant’s new rental term.

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.

How do I evict a license in NY?

In order to evict the licensee, a special proceeding must be commenced, usually in the local landlord-tenant Court, under Real Action Property and Proceedings Law, Section 713(7). This section of the law covers eviction proceedings where no landlord-tenant relationship exists.

What are my rights as a licensee?

Licensee – is a person allowed to reside in a rental property but has no rights as a tenant. A licensee in a private rented dwelling is there by invitation of the tenant, the relationship of a licensee is with the tenant and not with the landlord.

How do you start a holdover proceeding in NYC?

To start a holdover case, the landlord/owner must give you court papers called a Notice of Petition and Petition. The landlord/owner must give you the papers the right way (see page 6). The papers tell you the date, time and place (courtroom or Part) when you must come to court.

What is a holdover in the army?

By this point I was already a holdover. Which basically pauses your status in basic training and while you are in there the army decides if they are going to allow you to continue, recycle you (start basic all over in a different company), or discharge you.

What is holdover on a scope?

In the shooting world, holdover is commonly understood to mean aiming over your target in order to hit it. It’s expressed as “Man, you’d better hold over.

How do you evict a licensee?

As a licensee your landlord does not have to obtain a possession order to evict you. You will only be entitled to reasonable notice which can be verbal or in writing. Once this notice expires you do not have a legal right to remain in the property.

What is the difference between licensee and tenant?

Basically, no interest in the property is transferred to the tenant. “The legal possession, thereof, continues to be with the owner of the property but the licensee is permitted to make use of the premises for a particular purpose.