Holdover Eviction

Holdover Evictions: When Your Landlord Wants You Out (And How to Make Them Pay). 💪

A “Holdover” eviction proceeding is one of the most common cases filed in New York City Housing Court. A holdover tenancy occurs when a tenant remains in an apartment after the lease expires and the landlord has not offered or accepted a renewal lease.

Landlords often try to pressure tenants into leaving by claiming they are “illegal occupants” or trespassing. In NYC, that is not true. A tenant does not lose all rights simply because a lease has expired.

Before starting a holdover proceeding, a landlord must first serve a written notice of termination, sometimes called a “notice to quit.” Under New York law, the required notice period is generally:

• 30 days for tenants occupying the apartment less than 1 year

• 60 days for tenants occupying the apartment between 1–2 years

• 90 days for tenants occupying the apartment for more than 2 years

A landlord who fails to provide proper notice may have their case dismissed.

Tenants may also have defenses to a holdover eviction, including:

• Retaliatory eviction after complaints about repairs or unsafe conditions,

• Rent stabilization protections,

• Improper service of court papers,

• Landlord harassment, discrimination, or acceptance of rent after termination.

Importantly, a landlord cannot legally evict a tenant without a court order. Only a New York City marshal can carry out an eviction, and only after a judge signs a warrant of eviction.

If you are facing a holdover proceeding in NYC Housing Court, speaking with an experienced landlord-tenant attorney as early as possible can help protect your rights and identify available defenses.