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
In common usage,evictionis the process used by landlords to recover possession of leased real property from tenants who do not want to leave. Evictions are difficult, painful, and expensive for all parties involved.
SOURCES OF LAW
Eviction is governed by six basic types of rules: state law, local law, leases, federal law, the common law, and court rules. Most states regulate residental renting, including the eviction process. Many base their laws on the Uniform Residential Landlord And Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code. Cities, counties, and other local governments often supplement these regulations. Landlords and tenants may further regulate evictions through lease terms. For example, leases might specify the form and timing of eviction notices. Lease provisions may overrule some common law rules, but may not conflict with official regulations. Continue reading