Due to the Covid 19 pandemic, the eviction process has been severely modified and continues to be subject to ongoing changes. The material on this page is still generally applicable to most Holdover proceedings. However, please call our office to be apprised of how specific changes may apply to your particular fact pattern.
In small buildings where the tenant has no lease, holdovers are almost always the recommended proceeding to evict a tenant even if the reason you are evicting is non-payment of rent. However, if your tenant has a lease, you will probably have to bring Non-Payment Proceeding.
If your tenant does not have a lease and your building is not rent regulated, the tenancy is referred to as a month to month tenancy. In this case, you do not need a specific reason to have your tenant removed. The fact that you want the apartment back is enough. This action is most commonly referred to as a Thirty Day No Lease Holdover. This action is done in two stages: