Process Service on Holdover or Non-Payment Cases in New York

Process Service on Holdover or Non-Payment Cases in New York requires exceptional precision and adherence to statutory rules under the Real Property Actions and Proceedings Law (RPAPL §735). Serving tenants in these housing court cases demands careful compliance with notice timelines, service methods, and documentation standards to ensure due process. A single procedural mistake can delay eviction proceedings or invalidate the entire case. Whether the matter involves a tenant refusing to vacate after lease expiration or failing to pay rent, professional service ensures lawful and enforceable outcomes.

At Undisputed Legal, our licensed process servers are experts in Process Service on Holdover or Non-Payment Cases in New York. We understand the urgency and legal sensitivity of these housing disputes and ensure every service meets court mandates. Our team uses advanced tracking, detailed affidavits, and strategic timing to guarantee validity and compliance. From initial notice to affidavit filing, we provide complete transparency and reliability—ensuring landlords, attorneys, and property managers can proceed with confidence and efficiency.

PROCESS SERVICE PRICING & OPTIONS

We serve all papers in all 50 states. Fees are automatically calculated at checkout based on the service address.

ROUTINE — $100–$150 (First attempt within 3–7 business days)
RUSH — $200–$250 (First attempt within 24–48 business hours)
SAME-DAY — $250–$300 (First attempt the same business day when documents are received during normal business hours)
EMAIL/MAIL — $75 (Where permitted; completed within 24–48 business hours from time of receipt)
STAKE-OUT — $325–$425 (Includes 1 hour waiting time; each additional hour $100-$150)

Includes 3 attempts (morning/afternoon/evening) + notarized Affidavit of Service/Due Diligence. Additional individuals: 50% off (same address/same order).

Place Order Online | Call (800) 774-6922

EVICTION SERVICE PRICING & OPTIONS

We serve eviction papers in all 50 states. Fees are automatically calculated at checkout based on the service address.

• ROUTINE — $100–$150 (First attempt within 3–7 business days)
• RUSH — $200–$250 (First attempt within 24–48 business hours)
• SAME-DAY — $250–$300 (First attempt the same business day when documents are received during normal business hours)
• DRAFTING NOTICE — $200 (Preparation of eviction notices, judgments, warrants, and requests in accordance with New York eviction notice requirements and current procedural standards)
• EVICTION PACKAGE — $1,000 (Includes drafting all notices, serving all parties, filing documents with the court, and the initial court fee)

Important procedural requirements:

• Notices of Petition must be served no more than 17 days before the court date
• Affidavits must be returned to the court at least 10 days before the court date and no more than 3 days after service is completed
• The landlord cannot personally serve the court papers — service must be executed by a licensed process server

Includes 2 attempts (working and non-working hours) + notarized Affidavit of Service/Due Diligence. Additional individuals: 50% off (same address/same order).

Place Order Online | Call (800) 774-6922

Service of process in Housing Court matters is both procedural and jurisdictional. The case cannot proceed unless every statutory requirement under RPAPL §735 is strictly met. In both nonpayment and holdover proceedings, service forms the legal foundation that allows the court to exercise authority over the tenant.

Accurate and timely service ensures due process, while errors can render the entire case void. Whether the issue involves unpaid rent or termination of tenancy, every step,  from notice drafting to proof of mailing,  must comply with the statute and local Housing Court rules.

• Service methods: Personal, substituted, or conspicuous (“nail and mail”) service, as authorized by RPAPL §735.
• Proof of service: Affidavit of service must be sworn and filed promptly.
• Timing: Mailings must follow personal or substitute attempts within one business day.
• Enforcement: Only marshals, sheriffs, or constables may execute warrants of eviction.
• Invalid service: Can lead to dismissal after a traverse hearing, even if the underlying claim is valid.

Nonpayment vs. Holdover

• Nonpayment Cases: Arise when rent isn’t paid. These can be “cured” by payment before judgment.
• Holdover Cases: Based on violations, expired leases, or illegal occupancy. Payment won’t cure the issue.

Serving Holdover Documents

1. Predicate notices vary by case type: Termination notices, licensee notices, squatters, etc.
2. Service must comply with law: Personal, substituted, or conspicuous (“nail and mail”) service per RPAPL §735.
3. Affidavit of Service required: Must be notarized and filed with the court.
4. Multiple dwelling registration: Must be current for the case to proceed.

Nonpayment Proceedings require a landlord-tenant relationship. It is necessary to provide wo mandatory notices, [A.] 5-Day Rent Reminder (RPL §235-e[d]) and [B.]14-Day Rent Demand (served like a Petition). If rent is paid before judgment, the case must be discontinued. Traverse Hearing: Court verifies process service validity. 

Frequently Asked Questions

1. What is the main difference between a nonpayment case and a holdover case?
   A nonpayment case focuses on unpaid rent,  the tenant can usually avoid eviction by paying the full amount owed before judgment. A holdover case, however, is about possession rather than money. It occurs when a landlord seeks to remove a tenant after the lease expires, for violating lease terms, or for other non-rent reasons.
2. What kind of notice must a landlord give before filing a case?
   The required notice depends on the type of tenancy and the reason for eviction:

• Nonpayment cases: a 5-day rent reminder (RPL §235-e[d]) and a 14-day rent demand.
• Holdover cases: a notice of termination or notice to quit, typically ranging from 10 to 90 days, depending on tenancy and lease terms.

Failure to serve the proper notice in the proper manner is one of the most common reasons eviction petitions are dismissed.

3. Who is allowed to serve the court papers?
   Under RPAPL §735, service must be performed by someone over 18 years old and not a party to the case. Many landlords hire licensed private process servers to ensure compliance with Housing Court rules.
4. What methods can be used to serve eviction papers in NYC?
   There are three legally recognized methods:

1. Personal delivery: directly handing the documents to the tenant.
2. Substituted service:  leaving papers with a person of suitable age and discretion at the premises and mailing copies.
3. “Nail and mail” (conspicuous place service): posting one copy on the door after two failed attempts and mailing two more copies (one regular, one registered or certified).

Each method has strict timing rules; improper sequence or mailing delays can invalidate service.

5. What happens if the tenant refuses to accept the papers?
   A tenant’s refusal does not prevent valid service. As long as the process server complies with RPAPL §735, service is deemed complete even if the tenant refuses or fails to collect registered mail.
6. What is an Order to Show Cause (OSC)?
   An OSC is a court order allowing a party, usually a tenant, to ask the court to reopen a case, stay an eviction, or seek other relief. It must be accompanied by an Affidavit in Support, served according to the court’s specific instructions, and documented via a notarized Affidavit of Service.
7. Can a landlord or tenant appear without a lawyer?
   Yes. Both landlords and tenants can appear pro se (without counsel) in Housing Court. However, because eviction law and process service requirements are technical, legal representation or professional service assistance is strongly recommended.
8. What if the tenant doesn’t show up to court?
   If the tenant fails to appear, the court may issue a default judgment granting the landlord possession. However, if the tenant later proves improper service, the judgment can be vacated after a traverse hearing.
9. How can a tenant challenge improper service?
   By raising it at their first court appearance or in a written response. If raised, the court may schedule a traverse hearing, where the process server testifies under oath and must prove compliance with service laws.
10. How are cases typically resolved?
    Most cases end with a Stipulation of Settlement under RPAPL §746. The parties agree to specific terms, such as payment plans, move-out dates, or lease renewals, instead of proceeding to trial. Judges must ensure fairness when one side is unrepresented.
11. Who carries out the eviction once a judgment is entered?
    Evictions can only be executed by a City Marshal, Sheriff, or Constable acting under a warrant of eviction issued by the court. Landlords cannot remove tenants themselves.
12. What is a traverse hearing, and why is it important?
    A traverse hearing determines whether service of process was valid. If the judge finds that service was defective, the entire case may be dismissed. The landlord can re-serve and restart the proceeding, but it delays eviction considerably.

Whether you’re a landlord trying to get your property back or a tenant getting a notice to leave out of the blue, it’s important to know how holdover and non-payment cases work and why they frequently end up in court. As such, a private process service agency like Undisputed Legal can help you serve your papers in accordance with New York’s real estate laws. 

PROFESSIONAL CREDENTIALS & MEMBERSHIPS

According to the tenant’s lease and occupancy status, landlords need to serve the appropriate notice. The number of days to give notice could range from thirty to ninety, depending on the circumstances. Forcibly removing a renter from their home without a court order constitutes an eviction. Cases are frequently dismissed due to errors in the notice process.

Before initiating the eviction process, a landlord is required by law to provide the tenance with notice. A default judgement might be rendered against a tenant if they choose to remain silent or do not appear in court.

A holdover case can be used to evict a renter or someone living in the flat who isn’t a tenant. In comparison to nonpayment cases, holdover cases are considerably more intricate For instance, a landlord may initiate a holdover lawsuit in the event that the tenant has committed a lease violation, unlawfully accommodated additional tenants, caused a nuisance to other tenants, or is residing in the flat after the lease has expired. A flatmate who is listed on the lease can also remove a flatmate who isn’t listed on the lease by bringing a holdover proceeding.

The petitioner is not required to provide a valid reason for the respondent’s residence to be terminated, and the existence of a landlord/tenant relationship is not guaranteed. Legal documents such as leases, agreements, and/or housing codes, as well as federal or state constitutions, may define the respective rights of the parties. The necessity of serving a predicate notice is debatable.

What’s the Difference Between Nonpayment and Holdover in the NYC Housing Court?

The two most common grounds for eviction in New York City’s Housing Court are nonpayment and holdover. The prerequisites, timetables, and possible results of each are unique. When a renter is unable to make a rent payment, paying rent will take care of it. quicker resolution is usually the case and default can be remedied by the tenant.

Holdovers are employed in cases of lease termination or infraction and are mot resolvable through monetary means. One of the most confusing aspects of the intricate housing system in New York City is holdover evictions. Holdover evictions differ from non-payment evictions in that they do not depend on rent not paid; rather, they occur when a landlord desires the tenant to go for reasons unconnected to payment. Lease violations, unapproved occupiers, the lease’s expiration, or unlawful subletting are all examples of what could fall into this category.

A landlord can begin a holdover eviction to remove a tenant who is purportedly staying in a rental unit without a legal authority to do so, regardless of whether the renter is current on rent or not. Holdovers, in contrast to non-payment evictions, which centre only on overdue rent, are generally fact-heavy and open to subjective interpretation, which can result in contentious court battles. No matter your stance, it is crucial to retain the services of a seasoned attorney who specialises in tenant eviction cases.

A Comprehensive Guide to the New York City Holdover Process

The kind of tenancy determines the landlord’s notification requirements. Case dismissal may result from inaccurate notice periods or improper service. Lender has the right to initiate eviction process upon expiration of notice period. A notice of court date and petition are thereafter served to the renter. It is imperative that both sides show up at Housing Court. Even while the judge may try to get the parties to settle out of court, if they can’t, the matter will go to trial.

There is evidence in the form of leases, correspondence, photographs, and witness statements. Arguments are made in support of legal defences and counterclaims. The court will issue a judgement of possession and a warrant of eviction if the landlord is victorious. A standard notice time for the renter to depart is fourteen days.

Conflicts that tenants might face include misleading or flawed notification, instances of retaliatory eviction or encroachment on the promise of habitability, a new tenancy was formed when the landlord accepted rent following the lease’s termination. Conflicts between landlords include  when the lease was significantly breached by the tenant, illegal subletting et cetera.  The holdover process becomes even more convoluted when rent stabilisation is involved. Landlords are subject to stringent procedural requirements in order to properly evict residents in these units, who are protected by NYC legislation. By default, tenants frequently have the right to renew their leases.

Landlords are required to have a valid cause to refuse renewal, such as a history of serious lease violations. In the event of the tenant’s death, qualifying family members are able to continue living on the property thanks to succession rights. The main point of discussion generally turns to claims of principal residence, or lack thereof.

Requirements for serving tenants with holdover documents

Legal requirements for serving tenants with notifications before holdover proceedings can begin vary with the type of tenancy and the basis for the proceedings. Landlords need to get the right predicate notice form and then serve it on the tenant according to the legislation. In some instances, the timing and method of serving the predicate notices are different from those in others. This term begins on the day the rent is due and ends the day before the next monthly payment is due. Any period is acceptable for serving the 10-day notice on a licensee or squatter. After the petitioner have the right predicate notification, the petitioner needs to fill out the form and make copies.

The petitioner must also provide the name and address of the managing agent, the multiple dwelling registration number, and whether the building is a multiple dwelling, as required by the Rules of the Court. If the building is a multiple dwelling, they must also show that a registration statement is currently effective with the office of code enforcement. 

According to legal requirements, the landlord must ensure that the tenant is given a copy of both the Notice of Petition and the Petition.  The petitioner is required to return the original Notice of Petition along with the filled-out notarised affidavit of service after the documents have been served. Also, in order for the court to mail the postcard to the renter, the landlord needs to bring it in with the postage.

Show Cause Orders

Courts often employ written forms called Orders to Show Cause (OSCs). compelling the court to take action regarding the matter. Both the Order to Show Cause and the Affidavit in Support forms must be completed in writing as evidence before the judge. The petitioner’s sworn declaration to the judge detailing the same must be completed. Next, the judge will select a new court date and complete the OSC. If the judge approves the OSC, the tenant should copy all of the documents in case the party needs to. It is necessary to copy the OSC and Affidavit and send them to the owner or landlord, and perhaps even the Marshal. Police officer in charge of public safety. The OSC will specify the proper method for paper delivery. 

To properly serve the documents, parties need to complete an Affidavit of Service and have it signed by a notary public. For the purpose of serving legal documents, a sworn statement known as an Affidavit of Service is required. 

Serving papers as a petitioner 

Parties must use one of three specific methods to “serve” a petition or notice of petition in nonpayment and holdovers cases. Typically, the notice to quit and the notice of termination should also be accommodated in one of these three manners.

One copy of the petition and notice of petition may be handed to the tenant personally. Upon personal delivery, no further copies are required to be served upon the party.  Substituted service requires two distinct processes and results in three copies of the petition and notice of petition being sent. One must be left with anyone who resides or works at your residence and is of “suitable age and discretion” (not necessarily of legal age, but not under the age of eighteen) by the following business day (excluding holidays and weekends). One copy will be sent to the party through standard mail, and the other will be sent to them through expedited mail. Certified mail does not need a return receipt, but registered mail must. You will most likely be the one to sign for it.

“Nail and mail service” or “conspicuous place service” also requires two distinct processes, ending with delivery of three copies. The server must attempt to deliver the documents to the residence no less than twice, either personally or to somebody residing or employed at the residence. These attempts must be at different times, typically once during business hours and once outside of them. Following those two tries, the server can post one copy on the door the following day. With the exception of certain holidays and weekends, the other two copies must be mailed, one by standard mail and another via registered or certified mail. The latter does not necessarily require a signature, though you may be asked to sign upon delivery.

The petition documents must be served individually on each person named in it. If the Postal Service notifies the party of registered or certified mail, the landlord is deemed to have properly served the papers whether or not the tenant actually collect the letter, as long as all other service requirements were met. Parties must raise improper service in court, either at your first appearance or in your written response. If you appear in court without raising improper service, you may be barred from raising it later in your case.

Housing Court Requirements

It is necessary to keep any and all documents received from the landlord, including court papers, including the current lease and any renewals, if applicable. It is necessary to keep rent receipts or other proof of payment in nonpayment cases, such as money order stubs, cancelled checks, or receipts. Eviction proceedings in New York are known as “Summary Proceedings” because they are handled quickly and without much pre-trial procedure. Discovery is not required at this stage.

The party bringing the lawsuit, typically the landlord, must have a greater property interest than the defendant, who is called the respondent.

In both non-payment and holdover cases, the petitioner must serve a predicate notice before starting the action. The type of notice depends on the type of case. In both, the petitioner seeks a judgment of possession. In a nonpayment case, the petitioner also seeks unpaid rent. In a holdover case, the petitioner may or may not seek unpaid rent in addition to possession.

The first step in initiating a summary proceeding is to serve the Respondent with a Notice of Petition and Petition (similar to a summons and complaint). Someone over the age of 18 is required to serve the Petition and Notice of Petition. That person must be legally an adult, not a party to the lawsuit and must serve in accordance with RPAPL Section 735.

A Stipulation of Settlement is the most common resolution method in summary proceedings. The parties agree to forego a trial in favor of a settlement, creating a legally enforceable agreement between them. Under RPAPL §746 (“Stipulations”), when one party is unrepresented, the judge must go through a series of questions to ensure the stipulation is fair and understood.

Nonpayment Proceedings

A landlord-tenant relationship (an agreement to pay rent) is required for a nonpayment case. If the tenant pays the rent owed before judgment, the landlord must discontinue the case; eviction is not permitted.

Before starting a nonpayment case, landlords must provide tenants with two notices the [A.] Rent Reminder for if rent is still unpaid five days after it is due, the landlord must notify the tenant by certified mail (RPL §235-e[d]) and [B.] the 14-Day Rent Demand, which should list the months and amounts owed. This demand must be served like a Notice of Petition, either by personal delivery, delivery to a suitable person at the premises, or, if those methods fail after at least two attempts, by “nail and mail” (posting and mailing).

A defence to non-payment occurs if no landlord/tenant relationship exists, or the tenant vacated before the proceeding began. Additionally, defences can include improper predicate notice if it is not served properly, or the amounts demanded are incorrect.

Stipulation of Settlement

A Stipulation of Settlement is the default settlement mechanism for most summary proceedings. The parties agree to forego the option to proceed to trial in favor of a settlement, creating a legally enforceable agreement between them. Pursuant to RPAPL §746 (“Stipulations”), the judge is now required to go through a series of inquiries when one party is unrepresented.

If the parties are unable to negotiate a settlement, then the court will hold a trial. Either side can ask for a jury trial unless the lease expressly forbids it. A bench trial is the most common type of summary proceeding.

Judges have the discretion to dismiss petitions or grant injunctions, such as rent reductions, based on whether the parties prevail at trial. If the Petitioner is successful, the court will issue a judgment of possession and a final order, along with an eviction warrant and, in certain cases, a monetary judgment. The warrant authorizes the Sheriff, Marshal, or Constable to remove the Respondent and their belongings from the premises. 

To terminate a tenancy at will or by sufferance, landlords must provide 30 days’ written notice under RPL §228. Service may be by personal delivery, by leaving the notice with someone of proper age at the premises, or by affixing it to a prominent, readable part of the property.

At a traverse hearing, the landlord’s process server may be asked to testify under oath. The tenant is entitled to question the process server about how the documents were served, cross-examine, testify yourself, and present witnesses to show that service was not carried out properly. If the judge finds that service was defective, the case will be dismissed or terminated. However, the landlord may start the process over by serving the tenant with new papers. To prevent process service from extending and getting delayed, a private process service agency like Undisputed Legal can be very effective. 

Trusted Legal References for Process Service

Undisputed Legal Inc. – Professional Process Service (Domestic & International)
Provides comprehensive process service across all 50 U.S. states and more than 120 countries, ensuring compliance with state, federal, and international legal standards including the Hague Service Convention.
Phone Number: 212-203-8001

U.S. Department of Justice – Guidance on Service of Process Abroad
Outlines the official procedures for serving judicial and extrajudicial documents outside the U.S., including Hague and non-Hague channels.
Phone Number: 202-514-2000

U.S. Courts – Federal Rules of Civil Procedure (Rule 4: Process)
Defines the procedural framework for serving process in federal civil cases, including who may serve, proper delivery methods, and proof of service requirements.
Phone Number: 202-502-2600

Hague Conference on Private International Law – Service Convention 1965
Establishes internationally recognized procedures for the service of judicial documents between member countries, ensuring compliance and cross-border recognition.

Additional Resources For Eviction

• Eviction Services
• Serve Eviction Papers Fast – Order Process Service Now!
• Fast Eviction Process Service – We Serve All Eviction Notices
• How To Handle Evictions: Serving Legal Papers To Tenants
• The Importance of Civil Process Servers in Eviction Proceedings
• Process Servers And Evictions: Serving Legal Notices To Tenants
• How Undisputed Legal Supports Landlords: From Process Service To Eviction Assistance
• How To Navigate The Eviction Process in New York City: Understanding Legal Notices, Procedures And The Role Of Process Service Agencies
• How To Evict A Tenant in New York: Step-By-Step Guide

Best Practices: Process Service on Holdover or Non-Payment Cases in New York

Executing Process Service on Holdover or Non-Payment Cases in New York requires adherence to best practices that prevent procedural errors and uphold due process. First, confirm that all predicate notices, such as rent demands or termination notices, are properly served before initiating court proceedings. Always attempt personal delivery first, as courts give it the highest legal weight under RPAPL §735. If personal service is not possible, document every attempt before resorting to substituted or conspicuous service. Maintain accurate time-stamped records, photographs (when permissible), and affidavits of service. Finally, ensure proof of service is filed with the Housing Court clerk within the required timeframe. Working with Undisputed Legal ensures that each step of service meets statutory standards and withstands judicial scrutiny.

Case Studies

In one recent case, a landlord sought Process Service on Holdover or Non-Payment Cases in New York involving multiple tenants in a Bronx apartment complex. Traditional service attempts failed because tenants avoided contact and refused entry. Undisputed Legal documented every attempt, filed a detailed affidavit, and obtained court authorization for substituted service. The judge deemed the service valid, allowing eviction proceedings to continue without delay.

In another case, a Brooklyn property owner required urgent service of a non-payment petition before an upcoming hearing. Our team at Undisputed Legal completed personal service within 24 hours, filed proof with Housing Court, and ensured compliance with RPAPL §735 deadlines. The case proceeded smoothly, demonstrating our ability to deliver reliable, court-approved results even under time-sensitive conditions.

Why Choose Undisputed Legal

Choosing Undisputed Legal for Process Service on Holdover or Non-Payment Cases in New York ensures your housing litigation remains compliant, efficient, and enforceable. Our process servers are trained in New York landlord-tenant law and understand the unique requirements of serving tenants in densely populated areas. We provide detailed affidavits, real-time status updates, and advanced GPS tracking for accountability. With over a decade of experience, our agency has earned a reputation for accuracy, professionalism, and reliability. From notice preparation to court filing, Undisputed Legal ensures every step of the process meets Housing Court standards and legal precision.

ORDER PROCESS SERVICE TODAY

If you’re facing the complexities of Process Service on Holdover or Non-Payment Cases in New York, trust the professionals who know the law inside and out. Undisputed Legal provides fast, compliant, and verifiable process service throughout all five boroughs. Our team ensures that every notice, petition, and affidavit is delivered and documented in accordance with RPAPL §735, protecting your case from dismissal or delay. We combine technology with experience to ensure that your housing matter proceeds smoothly and efficiently. Don’t risk your case with improper service—choose Undisputed Legal for precision, reliability, and peace of mind. Order Process Service Today or Contact Us Now to get started with a team trusted by attorneys, landlords, and property professionals across New York.

Conclusion: Process Service on Holdover or Non-Payment Cases in New York

Executing Process Service on Holdover or Non-Payment Cases in New York is one of the most sensitive and critical aspects of housing litigation. Precision, timing, and strict adherence to RPAPL §735 requirements are essential to ensuring that landlords, property managers, and attorneys maintain compliance while protecting due process rights. Even a minor procedural error can delay a case or render service invalid, making professional assistance invaluable.

At Undisputed Legal, we specialize in performing Process Service on Holdover or Non-Payment Cases in New Yorkwith meticulous accuracy and legal expertise. Our team understands the complexities of housing court procedures, from serving rent demands to filing affidavits of service. Every step we take is guided by state law and Housing Court standards to safeguard your case against dismissal or delay. When precision matters most, trust Undisputed Legal—New York’s leader in reliable, court-compliant process service for all landlord-tenant proceedings.

WHAT OUR CLIENTS ARE SAYING

FOR ASSISTANCE SERVING LEGAL PAPERS IN NEW YORK

Click the “Place Order” button at the top of this page or call us at (800) 774-6922 to begin. Our team of experienced process servers is ready to assist you with reliable and efficient service of your documents, ensuring compliance with all legal requirements. We offer both comprehensive support and à la carte services tailored to your specific needs:

• Prompt and professional service of process
• Accurate completion of affidavits of service
• Rush service for time-sensitive matters
• Skip tracing for hard-to-locate parties
• Detailed reporting on service attempts

Don’t risk case delays or dismissals due to improper service. Let Undisputed Legal’s skilled team handle the important task of serving legal papers for you. Our diligent, professional service helps attorneys, pro se litigants, and parents ensure their papers are served correctly and on time.

Take the first step towards ensuring proper service in your case – click “Place Order” or call (800) 774-6922 now. Let Undisputed Legal be your trusted partner in navigating the critical process of serving your documents.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

¹ Some common causes of holdover cases are:

1. A lease that was not renewed has already expired.
2. Even after a valid termination, a renter can stay.
3. No one with permission is living in the flat.
4. Unauthorised subletting or disruptive conduct constitute a breach of the lease.
5. The landlord requires the flat for personal reasons (in some instances).

² For renters with a one-year or shorter tenure, 30 days 60 days: For renters with a one- to two-year tenure
After two years or in rent-regulated units, the grace period is 90 days

³ Among these are notices to vacate the premises, notices to remedy a material breach of the lease, notices to terminate the lease, and notices to not renew the lease. You can think of a 10-day Notice to Quit as being sent on a “squatter” or a “licensee.” A “squatter” is someone who entered your property without authorisation and has not paid rent

⁴ For instance, the tenant is required to be supplied with a 30-day notice prior to the start of the next “rental term.”

⁵ Include the following in the holdover petition: 

1. the property that the petitioner owns; 
2. the respondent’s connection to the petitioner and interest in the property;
3. an outline of the property;
4. the evidence that has been presented in support of the case; and,
5. the desired alleviation.

⁶ Parties can purchase an index number at the Landlord-Tenant Clerk’s Office cashier’s window once you complete the necessary paperwork, which should include the predicate notice. Please make the payment to the “Clerk of the Civil Court.” To identify the specific location in your county, refer to Locations. The money order or certified cheque should be payable to that name. 

⁷ Not less than five nor more than twelve calendar days prior to the court date must the Petition and Notice of Petition be served. 

⁸ New York Consolidated Laws, Real Property Actions and Proceedings Law – RPA § 721. Person who may maintain proceeding

⁹ CPLR §2103[s]),

¹0 Anyone occupying or asserting ownership of the property, including the Respondent, may respond to the petition either in writing or orally. This response may include any legal defence, equitable defence, or counterclaim. The Respondent has the right to be heard whenever the Petition is called. 

¹1 Signing of the warrant (RPAPL §749[1]) grants the Sheriff authority to execute it (RPAPL §749[2]). Sheriffs must wait at least 14 days after receiving the warrant before carrying out the eviction, as required by RPAPL §735.

¹2 Great Jones Street Realty Corp. v. Kakwani, 40 Misc.3d;

¹3 Fisther v. Queens Park Realty Corp., 41 A.D.2d 547 [2d Dep’t 1973]).

¹4 Heckman v. Heckman, 55 Misc.3d 86 (App. Term 2nd, 9th & 10th Jud. Dist. 2017).

¹5 Landlords are obligated under RPL §235 to furnish a written rent demand, and they must retain records of payments, money transfers, and related documentation for at least three years.

¹6 Edery v. Ederly, 79 Misc.3d 1215[A],

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