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Nacmias Law Firm, PLLC

Landlord-Tenant

Holdover Eviction Proceedings

Representation in NYC holdover eviction proceedings — when a landlord seeks possession after lease expiration, lease breach, or termination of a regulated tenancy.

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Overview

What you need to know about Holdover Eviction Proceedings.

The basics, what we do, and the issues we see most.

What is a NYC holdover proceeding, and what are my options?

Quick Answer

A holdover proceeding is an eviction case after a lease ends, the tenant breaches, or the landlord terminates a regulated tenancy for cause. Procedurally distinct from nonpayment — different predicate notices (10-, 30-, 60-, 90-day), defenses, and tighter timelines. Heard in NYC Housing Court. Common defenses include succession claims, improper notice, and warranty-of-habitability.

Services we offer for Holdover Eviction Proceedings.

Holdover proceedings are deadline-driven from day one — predicate notice errors are the most common defense and the most common landlord trip-up. Here's what we do for both landlords pursuing possession and tenants defending against it.

  • Review predicate notice for service defects, content errors, and HSTPA / Good Cause Eviction Law compliance
  • Assess Good Cause Eviction Law coverage (covered buildings; rent threshold; cause requirement)
  • Defend lease-breach holdovers — illegal sublet, unauthorized occupant, nuisance, breach of substantial obligation
  • Establish or defend succession rights for family members of rent-regulated tenants
  • Defend retaliatory-eviction claims under RPL § 223-b
  • Negotiate stipulations of settlement — surrender dates, payment plans, time to find replacement housing
  • Try contested holdover proceedings in NYC Housing Court through judgment of possession

Scenarios we see most.

  • Lease-expiration holdovers — non-rent-regulated tenants after lease ends
  • Lease-breach holdovers — illegal sublet, unauthorized occupant, nuisance
  • Termination of rent-stabilized or rent-controlled tenancies for cause
  • Succession rights disputes (family member seeking to remain after primary tenant)
  • Good Cause Eviction Law coverage analysis (which buildings; which tenants)
  • Predicate notice defects — wrong notice type, defective service, missing content
  • Retaliatory-eviction defenses under RPL § 223-b
  • Owner-use proceedings (recovering an apartment for personal occupancy)

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

Property Owners & Landlords

Eviction proceedings, rent collection, lease disputes, rent stabilization.

Tenants & Renters

Eviction defense, habitability claims, rent stabilization rights.

Property Managers

Compliance, lease negotiations, strategic representation for owners.

Co-op & Condo Boards

Shareholder disputes, proprietary lease issues, board-level matters.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 4

    Review predicate notice and termination paperwork

  2. 2

    Step 2 of 4

    Assess defenses and Good Cause coverage

  3. 3

    Step 3 of 4

    Negotiate stipulations or settlement

  4. 4

    Step 4 of 4

    Representation at Housing Court through trial

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

What's the difference between a holdover and a nonpayment eviction?

Both are summary proceedings under RPAPL Article 7, but they differ in cause and procedure. Nonpayment: tenant owes back rent; predicate is a 14-day rent demand; case focuses on the rent ledger; usually settled by payment plan. Holdover: tenant has overstayed the lease, breached the lease, or been terminated for cause; predicate is a longer notice (10/30/60/90 days depending on tenancy length and basis); case focuses on the underlying ground for termination; defenses include succession, Good Cause coverage, and notice defects.

Question 2

How long do I have to respond to a holdover petition?

After the predicate notice expires, the landlord files a petition with NYC Housing Court. The petition must be served at least 10 and not more than 17 days before the first court date. Once served, you should answer (oral or written) on the return date — no "answer deadline" like in regular civil court; you defend on the first appearance. Failing to appear results in a default judgment of possession. Always show up — even a brief one-line answer preserves your defenses.

Question 3

What is the Good Cause Eviction Law and does it apply to me?

NYC's Good Cause Eviction Law (effective 2024) requires landlords of covered buildings to show "good cause" before terminating a tenancy or refusing to renew — protecting tenants from arbitrary non-renewal and unreasonable rent increases. Coverage exclusions include owner-occupied buildings of 10 units or fewer, units in buildings under 30 years old, and units renting above the rent threshold (currently 245% of fair-market rent). Coverage is fact-intensive — we run a coverage analysis on every L-T case.

Question 4

Can I defend a holdover by claiming succession rights?

If you're a family member of a rent-stabilized or rent-controlled tenant who has died, moved out, or otherwise vacated, you may be entitled to succeed to the tenancy under DHCR regulations (9 NYCRR § 2523.5). Required: a qualifying family relationship (or non-traditional family member by proof of emotional and financial commitment), and co-residence as a primary residence for the requisite period (2 years generally; 1 year for senior or disabled). Succession is fact-intensive — co-residence proof, financial intertwining, and family-member status all litigated.

Question 5

What happens if I lose the holdover trial?

The court issues a judgment of possession and a warrant of eviction. The warrant gives the tenant a notice period (typically 14 days) before NYC Marshals can execute. During that window, you can: file an Order to Show Cause to stay the warrant for hardship; negotiate a post-judgment stipulation extending time; or in some cases appeal to the Appellate Term within 30 days. We file post-judgment motions when there's a viable basis — particularly hardship for tenants who need additional time to relocate.

Question 6

Do you represent both landlords and tenants in holdover cases?

Yes — we represent both small landlords (owner-occupied 1-4 unit buildings, multi-family portfolios) and tenants (rent-stabilized, rent-controlled, market-rate). We do not take cases where we have a conflict (e.g., we cannot represent a tenant against an existing landlord client of the firm). Free initial consultation establishes the matter and runs a conflict check.

Guides & resources

Practical references & further reading.

Articles and tools updated as NYC rules change.

View all guides
External

Department of Housing Preservation and Development (HPD)

HPD is responsible for ensuring New Yorkers have access to safe, affordable housing through enforcement, preservation, and development progr

Resource

Filing a Holdover Petition

A holdover proceeding starts with a predicate notice — a notice of termination, a 30/60/90-day notice, or a notice to cure under the lease a

Resource

NYC Housing Court

The NYC Housing Court is the Landlord-Tenant Part of the Civil Court. It hears nonpayment proceedings (tenant owes rent), holdover proceedin

Free case review

Holdover notice or petition in hand?

Predicate-notice defects are the most common defense — and they're time-sensitive to raise. Same-day case review during business hours.

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    Same lawyer from intake to close

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    On most OATH and closing matters