Process
How Do I File a Holdover Petition in NYC Housing Court?
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 and Rent Stabilization Code. Once the notice expires, the landlord files a Notice of Petition and Petition under RPAPL § 711(1) or § 713 in the Housing Court of the borough where the property is located.
About Filing a Holdover Petition
Holdover proceedings are used when a landlord seeks possession on grounds other than nonpayment of rent — for example, after a lease expires (RPAPL § 711[1]), after the landlord serves a notice of termination ending a month-to-month tenancy, after a notice-to-cure expires without compliance, or against an occupant with no lease right (RPAPL § 713). Each ground has its own predicate-notice requirements. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) extended notice periods for tenancies of varying lengths: 30 days for tenancies under one year, 60 days for one-to-two-year tenancies, and 90 days for tenancies over two years.
Frequently Asked Questions
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