Holdover Proceedings

In case you receive a paper called a Notice of Petition Holdover, this is the sign that your landlord has started a holdover proceeding against you. This is considered to be a court action in which your landlord is demanding possession of the apartment and wants to evict you. If a person lives in a private house, co-op or condo apartment and he or she doesn't have a lease, the reason for wanting the person out of the apartment is not that one of great importance for the landlord. Even if the tenant has paid the rent, holdover proceedings can be brought against him or her.

The purpose of holdover proceedings is to regain procession of the dwelling for reasons such as over-staying a lease term, nuisance, month to month tenancy has expired, etc. This matter is usually commenced with a predicate notice, improper service of which can result in dismissal of the action. After the notice is expired, the matter is brought to court via a Notice of Petition. In case this is improperly prepared and/or served, the result of the case may turn out to be dismissal. 

As a rule, all holdover proceedings are very serious and usually involve complex issues. The Law Offices of George M. Gavalas, P.C. will provide you with legal assistance you need. We have commenced and won many holdover proceedings. If you are a landlord who needs to bring a holdover proceeding against a tenant, contact us at (516) 746-1515.