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NO LEASE HOLDOVERS FOR UNITS EXEMPT FROM GOOD CAUSE EVICTIONS
In small buildings where the tenant has no lease, and the tenancy is not otherwise regulated, 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, or you are prevented from starting a Holdover proceeding due to Good Cause, you will probably have to bring a Non-Payment Proceeding.
If your tenant does not have a lease and your building is not rent regulated, or subject to Good Cause Eviction, 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 No Lease Holdover. This action is done in two stages:
A Notice of Termination is governed by the duration of the tenancy:
● Under (1) year-30 days
● (1) to (2) years -60 days
● Over (2) years- 90 days
A Notice of Termination must be served prior to the end of a rental period. This notice will expire on the last day of the next rental period. Example: The rent is due on the first of the month. If a Thirty Day Notice is served before the end of April, it will expire at the end of May. In this example, the tenant would be instructed to vacate before May 31. This notice must be very specifically worded and served in compliance with the Real Property Actions and Proceedings Law. If you are not familiar with these laws, you should not do this yourself.
If the tenant does not vacate by the date specified in the Notice of Termination, a
Holdover Petition will be served and the case will proceed to court.