Legal Question in Real Estate Law in New York

Landlord wants to start hold over proceedings

I have a tenant in New York City, lease expires end of June and I know he refuses to move out. Can I start holdover proceeding to evict him on July 1 without giving any notice ? I do not plan to accept July rent from him.


Asked on 5/25/01, 3:15 pm

2 Answers from Attorneys
Philip Schnabel Schnabel Law Office

Re: Landlord wants to start hold over proceedings

Where a tenant occupies premises without a lease a holdover proceeding involves giving the tenant a 30 day notice to quit. If the tenant does not comply, a Notice of Petition and Petition to Remove is then required to evict.

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Answered on 6/23/01, 12:34 pm
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Landlord wants to start hold over proceedings

You can start a hold over proceeding, but you must give the tenant notice.

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Answered on 6/25/01, 9:03 am


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