🏛️ NYC Holdover Petition
Housing Court Holdover Proceeding — Remove Tenant After Lease Ends
NYC Housing Court — Holdover Proceeding: A holdover petition is filed when a tenant remains in possession after the lease expires, after a notice to quit, or following a lease violation. For rent-stabilized tenants, the grounds for holdover are limited by law. A proper predicate notice (NTQ, termination notice, or cure notice) must be served and attached to the petition before filing.
🏛️ Court & Index
👔 Petitioner (Landlord)
👤 Respondent (Tenant)
📋 Grounds for Holdover
✏️ Petitioner Verification
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A holdover proceeding removes a tenant who remains in possession without a valid right to be there. Unlike a nonpayment proceeding (which is about unpaid rent), a holdover proceeding addresses the tenancy itself. The most common grounds are expired lease, terminated month-to-month tenancy, or lease violations.
The Predicate Notice Requirement
Before filing a holdover petition, the landlord must have served a proper predicate notice that was ignored or expired. This is typically a notice to quit, termination notice, or cure-or-quit notice. The predicate notice must be attached to the petition. No predicate notice = dismissed petition.
Rent-Stabilized Holdovers
For stabilized tenants, holdover grounds are strictly limited: non-primary residence, illegal sublet, nuisance, owner occupancy, or substantial rehabilitation — each with specific evidentiary requirements. Consult a housing attorney for stabilized holdover cases. See NY eviction notice laws.
⚖ Legal Disclaimer
This form is for informational purposes only and does not constitute legal advice. New York landlord-tenant law is complex and varies between upstate NY and NYC. Improper notice or procedure can result in case dismissal and penalties. Consult a qualified New York landlord-tenant attorney before proceeding. See our editorial standards for accuracy details.
