The Law Office of Crystal R. Villasenor, PLLC

Holdover FAQS

Landlord Tenant

What is a Holdover Case?

In New York, a landlord may bring a Holdover Case against the tenant is the landlord wants to evict the tenant for a reason other than nonpayment of rent or for no reason at all. Landlord's in a holdover case are looking to get possession back of the apartment.  

What is a Thirty Day Notice?

Before commencing an eviction in New York, a landlord must serve their tenant with a Predicate Notice (also known as a Notice of Termination or a Thirty Day Notice). The Thirty Day Notice will notify the tenant that the Landlord is terminating the tenant's monthly tenancy and the tenant has Thirty Days to vacate or the landlord will commence a summary proceedings to remove the tenant from the premises.

How is the Thirty Day Notice served?

The Thirty Day Notice must be served prior to a rental term and expire on the last day of that term. The Thirty Day Notice must be served by someone who is NOT a party to the action, which means that the landlord cannot serve the Thirty Day notice upon the tenant directly, someone else has to do it. The process server must make at least two (2) attempts to serve the tenant in person. If after two attempts the tenant cannot be reached in person or no one over the age of 18 is available to accept service on their behalf, then the process server may serve the Predicate Notice by Conspicuous Place Service, which means they can slid the Notice under the tenant’s door or tape a copy of the Notice to the Door, then they will have to mail the Notice by first class mail and certified mail. The process server will provide an Affidavit of Service indicating proof of service. 

What happens if the tenant does not leave after the Thirty Days Notice is served?

If the tenant fails to leave after the expiration of a Thirty Day Notice, the landlord must now commence a summary holdover proceeding against the tenant in the New York City Housing Court in the County in which the premises is located. 

How is a Summary Holdover case commenced?

In New York City, once the thirty day notice or the lease has expired, the landlord can commence a summary holdover proceeding. The landlord must file a Petition & Notice of Petition with the Court and pay the filing fee of forty-five dollars. Once the court has assigned an index number and a court date to the case, the landlord must serve the tenant with the Petition and Notice of Petition.