NYC Housing Court: Nonpayment vs. Holdover—Which Makes Sense?
A side-by-side look at notices, timelines, evidence, defenses, and settlement options in NYC Housing Court. Choose the right strategy for your case.
When facing eviction in NYC Housing Court, understanding the difference between nonpayment and holdover proceedings is crucial. As someone who has represented both landlords and tenants in hundreds of these cases, I can tell you that choosing the right strategy can make all the difference.
This guide will help you understand both types of proceedings and choose the best approach for your situation.
Understanding Housing Court Proceedings
NYC Housing Court handles two main types of eviction proceedings: nonpayment and holdover. Each has different requirements, timelines, and potential outcomes.
Nonpayment Proceedings
- • Used when tenant fails to pay rent
- • Can be resolved by paying rent
- • Generally faster resolution
- • Tenant can cure the default
Holdover Proceedings
- • Used for lease violations or expired leases
- • Cannot be cured by payment
- • Generally more complex
- • Requires good cause for eviction
Key Differences
The choice between nonpayment and holdover depends on several factors:
- Nature of the problem: Rent arrears vs. lease violations
- Tenant's ability to cure: Can the problem be fixed?
- Landlord's goals: Rent collection vs. tenant removal
- Legal requirements: Different notice and proof requirements
Nonpayment Proceedings
When to Use Nonpayment
Nonpayment proceedings are appropriate when:
- Tenant has failed to pay rent
- Rent is overdue by the amount specified in the lease
- Landlord wants to collect rent, not necessarily evict
- Tenant has the ability to pay but chooses not to
Process and Timeline
Step 1: Demand for Rent
- 3-day notice to pay rent or quit
- Must specify exact amount owed
- Must be served properly
Step 2: Petition and Notice
- File petition with Housing Court
- Serve notice of petition on tenant
- Set hearing date
Step 3: Court Hearing
- Present evidence of nonpayment
- Tenant can present defenses
- Court may enter judgment for landlord
Common Defenses
- Rent was paid
- Landlord failed to maintain premises
- Rent increase was improper
- Landlord accepted partial payment
- Notice was defective
Holdover Proceedings
When to Use Holdover
Holdover proceedings are appropriate when:
- Tenant violates lease terms
- Lease has expired and tenant won't leave
- Tenant engages in illegal activity
- Landlord wants to remove tenant permanently
Process and Timeline
Step 1: Notice to Cure or Quit
- 10-day notice for most violations
- 30-day notice for some violations
- Must specify the violation
- Must give opportunity to cure
Step 2: Petition and Notice
- File petition with Housing Court
- Serve notice of petition on tenant
- Set hearing date
Step 3: Court Hearing
- Present evidence of violation
- Tenant can present defenses
- Court may enter judgment for landlord
Common Defenses
- Violation was cured
- Notice was defective
- Landlord waived the violation
- Violation was caused by landlord
- Good cause eviction law applies
Evidence and Documentation
For Nonpayment Cases
Landlord Evidence
- • Lease agreement
- • Rent payment history
- • Demand for rent notice
- • Proof of service
- • Rent roll or ledger
Tenant Evidence
- • Rent payment receipts
- • Bank statements
- • Correspondence with landlord
- • Photos of conditions
- • Witness testimony
For Holdover Cases
Landlord Evidence
- • Lease agreement
- • Notice to cure or quit
- • Proof of violation
- • Witness testimony
- • Photos or videos
Tenant Evidence
- • Proof of cure
- • Correspondence with landlord
- • Witness testimony
- • Photos or videos
- • Expert reports
Settlement Options and Strategies
📌 Michael's Pro Tips
- • Consider settlement: Most cases settle before trial
- • Document everything: Keep detailed records of all communications
- • Understand your rights: Know what you're entitled to under the law
- • Be realistic: Consider the costs and risks of litigation
- • Seek legal help: Consult an attorney for complex cases
Common Settlement Terms
For Nonpayment Cases:
- Payment plan for rent arrears
- Waiver of late fees
- Stipulation of settlement
- Dismissal upon payment
For Holdover Cases:
- Cure of violation
- Payment of costs
- Stipulation of settlement
- Dismissal upon compliance
When to Consider Settlement
Settlement may be appropriate when:
- Both parties want to avoid litigation costs
- The case has weaknesses
- A reasonable resolution is possible
- Time is a factor
- Ongoing relationship is important
Resources & Next Steps
About the Author
Michael Nacmias, Esq. is a NYC-based attorney with over 20 years of experience handling landlord-tenant disputes, OATH hearings, real estate closings, and compliance matters across all five boroughs. He has represented both landlords and tenants in hundreds of Housing Court proceedings.
Michael understands the complexities of NYC Housing Court and helps clients choose the right strategy for their specific situation. His practice focuses on practical solutions that protect his clients' interests while ensuring compliance with all applicable laws and regulations.
Related Practice Areas
Need Help with Housing Court Proceedings?
Don't navigate Housing Court alone. Our experienced team can help you choose the right strategy and achieve the best possible outcome.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every situation is unique, and you should consult with an attorney. This is attorney advertising. Prior results do not guarantee similar outcomes.