Legal Question in Real Estate Law in New York
holdover
my rent stabilized tenant on 4th floor
apartment smells so badly that 5th floor
tenant has to stay at friends. the
apartment is filthy and stinks. The
elderly tenant doesn't smell a thing.
how do i proceed with a holdover?
2 Answers from Attorneys
Re: holdover
As NYS has very specific Notice provisions, especially, with regard to holdovers, it is highly advisable to retain an experienced attorney to assist you. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Re: holdover
Steps to proceed with a holdover proceeding on your own can be found at the following link:
http://www.courts.state.ny.us/courts/nyc/housing/holdover.shtml
You may also find this booklet helpful: http://www.courts.state.ny.us/courts/nyc/housing/pdfs/Landlordbooklet.pdf
I recommend consulting with an attorney on the facts of your case to determine if this tenant's actions amount to a level of nuisance high enough to warrant an eviction or if this is the best cause of action to proceed with.