A tenant with a lease is protected from eviction during the lease period so long as the tenant does not violate any substantial provision of the lease or any local housing laws or codes. For both regulated and unreg- ulated apartments, landlords must give formal notice of their intention to obtain legal possession of the apartment.
Unless the tenant vacates the premises by a specified date, the landlord may commence eviction proceedings through: (a) a summary non-pay- ment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent; or (b) a summary holdover proceeding for eviction if a tenant significantly violates a substantial obligation under the lease (such as using the premises for illegal pur- poses, or committing or permitting a nuisance) or stays beyond the lease term without permission (Real Property Actions and Proceedings Law (RPAPL § 711).
Holdover Summary Proceeding – generally used to refer to any summary proceeding brought to evict on some basis other than for non-payment.
Expiration or Termination of Lease – RPAPL §711(1) provides the fundamental authority for a holdover proceeding, and authorizes the maintenance of a summary eviction proceeding against a tenant who “continues in possession … after the expiration of his term without the permission of the landlord”. This applies to the tenant whose lease has expired by operation of law or because the lease has been terminated by operation of a conditional limitation in the lease. The terms of the lease control. The lease cannot be terminated for reasons other than those allowed under the lease (ie. No termination for “objectionable conduct” unless there is a provision in the lease authorizing such termination. See Perrotta, 98 AD2d 1, 469 NYS2d 504; Levesque, 106 Misc2d 432, 430 NYS2d 482).
Rent / Use and Occupancy – Petitioner may seek rent for a period prior to the end of the tenancy and U&O for the period respondent “holds over”. The amount of U&O is set by the Court, but is generally set at the amount of the rent.
N.Y. ADC. LAW § 26-408 : NY Code – Section 26-408:
a. No tenant, so long as he or she continues to pay the rent to which the landlord is entitled, shall be removed from any housing accommodation which is subject to rent control under this chapter by action to evict or to recover possession, by exclusion from possession, or otherwise, nor shall any person attempt such removal or exclusion from possession notwithstanding the fact that the tenant has no lease or that his or her lease, or other rental agreement, has expired or otherwise terminated, notwithstanding any contract, lease agreement, or obligation heretofore or hereafter entered into which provides for surrender of possession, or which otherwise provides contrary hereto, except on one or more of the following grounds, or unless the landlord has obtained a certificate of eviction pursuant to subdivision b of this section: Continue reading