Free New York NYC Holdover Petition
NYC Holdover Petition — Begins a NYC holdover proceeding to recover possession after a tenancy ends (lease expiry, termination, or no lease) and the tenant remains. Conform to NYC Housing Court rules and NY RPAPL 741.
A NYC holdover petition begins a summary proceeding to recover possession when a tenant remains after the tenancy has ended — lease expiration, a terminated month-to-month tenancy, a terminated lease for cause, or occupancy without a lease. It is governed by RPAPL § 711 (grounds) and § 741 (petition contents). The petition must state the parties, the premises, the petitioner’s interest, the rent-regulatory status (rent-stabilized, rent-controlled, or unregulated), the facts establishing the holdover, and the relief sought. A predicate notice (e.g., notice of termination or non-renewal) is usually required first, and its proper service is essential. NYC Housing Court holdover practice is technical; this form does not replace the official court forms or legal advice.
New York Holdover Petition at a Glance
Statute
NY RPAPL 741
Court
NYC Housing Court
Filed by
Landlord / Attorney
Authority
NY RPAPL 741
This is a legal filing — conform to local court rules
Court forms must conform to the rules of NYC Housing Court and the applicable statute (NY RPAPL 741). Filing requirements, formatting, fees, and service rules vary by court and change over time. This worksheet helps organize the required information; it is not a substitute for the official court forms or for legal advice. When in doubt, consult an attorney or the court clerk.
How to Use the New York Holdover Petition
Identify when the disclosure is required
Confirm the prerequisite is met: the tenancy has been properly terminated (or expired) with any required predicate notice served, and the tenant remains in possession.
Prepare the notice
Gather the underlying documents: lease, the notice served and proof of its service, and a rent ledger if applicable.
Provide the disclosure
Complete this worksheet with the parties, property, grounds, notice details, and relief sought.
Follow statutory timeline
Transfer the information to the official NYC Housing Court form(s); pay the filing fee and file in the correct court/precinct.
Document the process
Arrange proper service of process on the tenant and file proof of service. Appear at the hearing.
Generate the New York Notice
Complete the fields below to generate a New York NYC holdover petition. Service should comply with per NY RPAPL 741 and NYC Housing Court rules; retain proof of delivery.
Purpose
Begins a NYC holdover proceeding to recover possession after a tenancy ends (lease expiry, termination, or no lease) and the tenant remains.
1. Parties & Property
From (Landlord / Property Manager)
To (Tenant)
2. Filing Information
3. Notice Content
4. Signature
About This New York Notice
A NYC holdover petition begins a summary proceeding to recover possession when a tenant remains after the tenancy has ended — lease expiration, a terminated month-to-month tenancy, a terminated lease for cause, or occupancy without a lease. It is governed by RPAPL § 711 (grounds) and § 741 (petition contents). The petition must state the parties, the premises, the petitioner’s interest, the rent-regulatory status (rent-stabilized, rent-controlled, or unregulated), the facts establishing the holdover, and the relief sought. A predicate notice (e.g., notice of termination or non-renewal) is usually required first, and its proper service is essential. NYC Housing Court holdover practice is technical; this form does not replace the official court forms or legal advice.
New York Statutory Requirements
- NY RPAPL 741 governs the filing
- Valid predicate: the tenancy has been properly terminated (or expired) with any required predicate notice served, and the tenant remains in possession
- Correct court / venue
- Complete petition/complaint contents
- Proper service of process with proof filed
- Filing fee paid
Delivery Methods
- File with the court clerk (e-file where required)
- Serve the opposing party per the applicable service rule
- File proof of service with the court
- Keep stamped copies of everything filed
Common Mistakes
- Filing before the predicate notice has expired
- Defective or improperly served notice
- Wrong court or precinct
- Incomplete description of premises or grounds
- Improper service of process
- Using self-help instead of the court process
Best Practices
- Confirm the predicate is satisfied (the tenancy has been properly terminated (or expired) with any required predicate notice served, and the tenant remains in possession)
- Attach the lease and the served notice
- File in the correct court/precinct
- Describe parties, premises, and grounds precisely
- Effect proper service and file proof
- Never use self-help eviction
- Consult counsel for contested cases
Bottom line
A NYC holdover petition must rest on a valid predicate (the tenancy has been properly terminated (or expired) with any required predicate notice served, and the tenant remains in possession) and conform to NY RPAPL 741 and NYC Housing Court’s rules. Proper notice and proper service are the most common failure points. This worksheet organizes the required information but does not replace the official court forms or legal advice.
Frequently Asked Questions
What is a NYC holdover petition?
Begins a NYC holdover proceeding to recover possession after a tenancy ends (lease expiry, termination, or no lease) and the tenant remains.
What must happen before filing?
The predicate must be satisfied: the tenancy has been properly terminated (or expired) with any required predicate notice served, and the tenant remains in possession. The matter proceeds under NY RPAPL 741 in NYC Housing Court.
Which court handles this?
NYC Housing Court, under NY RPAPL 741. File in the court for the location where the property sits.
Can I use this instead of the official court form?
No. This is an organizing worksheet. The official NYC Housing Court form(s) and current local rules control. Use this to prepare, then complete the official forms.
What is the most common mistake?
Filing before the notice has expired, or defective/improper service of the notice or process. Both are avoidable with careful attention to dates and service.
Do I need a lawyer?
These proceedings are technical and the stakes are high. While self-representation is allowed, consulting an attorney (or NYC Housing Court’s self-help center) is strongly recommended, especially if the case is contested.
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