Owning rental property can sometimes be frustrating, especially when terms of a lease are violated. The eviction process in New York is complex, and there are strict requirements that must be followed before a court will grant a money judgment for back rent owed or a warrant of eviction to physically remove a tenant.
There are two court proceedings to remove a tenant: Holdover proceedings and nonpayment proceedings. A holdover proceeding is used when a landlord wishes to remove a tenant from the premises after the lease expires, or to remove a tenant with a month-to-month agreement. In this instance, the landlord must provide the tenant with a minimum of 30- day notice to vacate the premises. In order to evict the tenant, the landlord must then serve the tenant with eviction paperwork after the 30 days has lapsed. A nonpayment proceeding is used when the tenant has not paid their monthly rent obligation. The tenant is served with papers to appear in court on a certain date, and the eviction paperwork is drafted.
At the law firm of Gerard Glass & Associates, P.C., we are experienced in handling termination notices, evictions, landlord-tenant disputes, nonpayment proceedings, holdover proceedings, as well as in preparing commercial and residential leases. To discuss landlord-tenant issues with one of our legal team, call 631-792-6352 or fill out our online contact form.