Free NYC Holdover Petition | Fillable PDF Form

⚖️ NYC Holdover Petition

Housing Court Holdover Proceedings – New York City

🚨 CRITICAL – Holdover vs. Nonpayment

Holdover petition is for:

  • Lease expired: Tenant stayed after lease end date
  • No lease: Tenant without written lease refuses to leave
  • Lease violation: Tenant breached lease (non-curable or didn’t cure)
  • Post-foreclosure: New owner evicting occupant after foreclosure

Use nonpayment petition if: Eviction is solely for unpaid rent

⚠️ Prerequisites Before Filing

Must complete these steps BEFORE filing holdover petition:

  • Proper termination notice: 30-day, 90-day, or notice to quit served
  • Wait period expired: Full notice period has passed
  • Lease ended: If lease expiration, date has passed
  • Proof of notice: Documentation that notice was served

📋 Common Holdover Scenarios

  • Lease expiration: 1-year lease ended, tenant stayed (30-90 day notice required)
  • Month-to-month termination: Gave 30-day notice, tenant didn’t leave
  • Lease violation: Sent cure notice, tenant didn’t fix, gave termination notice
  • No-lease occupant: Subtenant or licensee refusing to leave after notice
  • Foreclosure eviction: Bank purchased property, evicting prior owner/tenant

📝 Petition Information

⚠️ Important Note

This form helps you prepare petition information. NYC Housing Court has official petition forms that must be used for actual filing. This tool helps you gather and organize information before completing official forms. Always use court’s official forms for filing.

Petitioner (Landlord) Information

Individual or entity name (owner, management company, etc.)

Respondent (Tenant) Information

Holdover Basis

Tenancy Details

Monthly rent tenant last paid

Original lease expiration date

Termination Notice Details

Date tenant required to vacate

Factual Basis

Use and occupancy or rent owed during holdover period

Relief Sought

Additional Information

📚 Complete Guide to NYC Holdover Petitions

Legal Authority: NYC Housing Court has jurisdiction over holdover proceedings under RPAPL Article 7. Holdover petition is used when tenant remains in possession after lease ends, tenancy terminates, or tenant has no legal right to occupy. Landlord must serve proper termination notice, wait required period, then file petition. Different notice periods apply based on tenancy type and length.

Holdover vs. Nonpayment

Aspect Holdover Petition Nonpayment Petition
Purpose Remove tenant who has no right to stay Collect unpaid rent + evict if not paid
Common Reasons Lease expired, lease violation, no lease Tenant owes rent
Notice Required 30-day, 90-day, notice to quit (varies) 14-day rent demand (or 3-day)
Can Collect Rent? Yes – use and occupancy during holdover Yes – unpaid rent + future rent
Tenant Defense Improper notice, still have right to stay Already paid, breach of habitability

Common Holdover Scenarios

📋 When to File Holdover

1. Lease Expiration:

  • Fixed-term lease ended, tenant stayed
  • Required notice: 30 days (NYC: 90 days if tenant there 2+ years with rent over $2,700/month)
  • Must send notice before or at lease expiration

2. Month-to-Month Termination:

  • No fixed-term lease, month-to-month tenancy
  • Required notice: 30 days minimum (NYC may require 90 days)
  • Can terminate for any legal reason or no reason

3. Lease Violation:

  • Tenant violated lease after cure notice given
  • Required: Cure notice first, then termination notice if not cured
  • Must give reasonable time to cure before terminating

4. No Lease:

  • Occupant without written lease (subtenant, licensee)
  • Required notice: 30 days typically
  • Must establish they have no legal right to occupy

5. Post-Foreclosure:

  • Bank or new owner purchased property at foreclosure
  • Evicting prior owner or tenants
  • Special federal/state protections may apply

Notice Requirements

Required notices before filing holdover:

Situation Notice Required Details
Lease Expiration (under 2 years) 30 days Notice tenant must vacate at lease end
Lease Expiration (2+ years, NYC, $2,700+) 90 days Extended notice for longer tenancies
Month-to-Month (under 1 year) 30 days Minimum 30 days to terminate
Month-to-Month (1-2 years, NYC) 60 days Extended notice for longer tenancies
Month-to-Month (2+ years, NYC) 90 days Maximum notice requirement
Curable Lease Violation 10-30 days cure + termination Cure notice first, then termination if not cured
Incurable Violation Unconditional notice to quit No cure period for serious violations
No Lease 30 days typically Depends on arrangement and state law

NYC 90-Day Notice Rule

Special NYC requirement for longer tenancies:

⚠️ NYC RPL § 232-a Requirements

90 days required if ALL these apply:

  • Tenant has lived there 2+ years (or 1+ year with renewal)
  • In NYC (Manhattan, Brooklyn, Queens, Bronx, Staten Island)
  • Building has 6+ units OR rent over $2,700/month

Exception: Owner needs unit for personal use (still need 90 days)

Penalty for insufficient notice: Case dismissed, must start over with correct notice

Holdover Process Steps

  1. Determine notice requirement: Calculate days based on tenancy type and length
  2. Serve termination notice: Proper service of 30-day, 90-day, or notice to quit
  3. Wait notice period: Full notice period must expire before filing
  4. File holdover petition: Submit to Housing Court with filing fee (~$45)
  5. Court assigns date: Initial appearance typically 2-4 weeks out
  6. Serve tenant: Personal or substituted service of petition + court papers
  7. Tenant can answer: File written answer, present defenses
  8. Court appearance: Both parties appear, may settle or proceed to trial
  9. Judgment: Judge decides – possession, payment plan, or dismissal
  10. Warrant issued: If judgment for landlord, eviction warrant issued
  11. Marshal execution: City marshal physically removes tenant if necessary

Tenant Defenses

Common defenses tenants raise in holdover cases:

  • Improper notice: “Notice too short, served improperly, or wrong type”
  • Still have right to stay: “Lease renewed, verbal agreement to stay, automatic renewal”
  • Retaliation: “Evicting because I complained to building department”
  • Discrimination: “Eviction based on protected class status”
  • Breach of warranty: “Apartment has serious violations, landlord should fix first”
  • No lease violation: “Didn’t violate lease, cure notice unjustified”
  • Cured violation: “Fixed the problem before deadline”
  • Rent stabilized: “Unit is stabilized, don’t have good cause to evict”
  • ERAP pending: “Applied for rental assistance, stay required”

Common Mistakes

❌ Top 10 Holdover Petition Errors

  1. Insufficient notice: Gave 30 days, needed 90 (NYC 2+ year tenant). Case dismissed.
  2. Filed too early: Petition filed before notice period expired. Case dismissed.
  3. Wrong notice type: Used rent demand, should have used termination notice. Wrong proceeding type.
  4. No proof of notice: Can’t prove termination notice was served. Case dismissed.
  5. Improper notice service: Mailed notice, needed personal service. Invalid notice.
  6. Accepted rent after notice: Took rent for period after termination date. Waived right to evict.
  7. Retaliation timing: Sent termination notice 2 weeks after tenant filed 311 complaint. Appears retaliatory.
  8. Rent stabilized without cause: Unit is stabilized, no good cause stated. Can’t evict.
  9. No lease violation: Claimed lease violation but can’t prove it occurred. Case dismissed.
  10. Insufficient cure period: Gave 5 days to cure, court found unreasonable. Notice invalid.

Best Practices

✅ Holdover Petition Checklist

  • Consult attorney: Holdover cases have complex notice requirements
  • Calculate notice correctly: Check tenancy length, rent amount, building size
  • Proper notice service: Personal or substituted service, not just mail
  • Wait full notice period: Don’t file early – notice must fully expire
  • Keep proof of service: Signed receipt or affidavit
  • Don’t accept rent after: Taking rent after termination date waives right
  • Check for retaliation: Don’t terminate shortly after tenant exercises rights
  • Verify rent stabilization: If stabilized, need good cause
  • Document lease violations: Photos, dates, witnesses if evicting for violation
  • File in correct borough: Where property is located
  • Bring all documents: Lease, notices, proof of service, violation evidence
  • Consider settlement: Negotiated move-out often better than trial

⚖️ Legal Disclaimer

This form is provided for informational purposes only and does not constitute legal advice. This tool helps organize information for NYC holdover petitions but is NOT a substitute for official Housing Court forms. You must use NYC Housing Court’s official petition forms for actual filing.

Holdover proceedings have complex notice requirements. Notice period varies based on tenancy type, length, rent amount, and building size. NYC requires 90 days notice for tenants who have lived in unit 2+ years if building has 6+ units OR rent exceeds $2,700/month. Insufficient notice results in case dismissal.

Must serve proper termination notice before filing. Cannot file holdover petition until full notice period expires. Accepting rent after termination date waives right to evict. Service of notice must be proper (personal or substituted service, not just mail).

STRONGLY RECOMMEND consulting housing attorney before filing holdover petition. Notice requirements are technical and vary by situation. Rent stabilized apartments require good cause for eviction. Improper notice, retaliation, or procedural errors can result in dismissal and potential liability. Attorney can ensure compliance with all requirements.