Facing a holdover proceeding can be an overwhelming experience for both residential and commercial tenants. Here at Robert Rosenblatt & Associates, we are dedicated to defending the rights of tenants and ensuring they navigate these legal proceedings informed and protected. Read on to learn more about holdover proceedings and contact a dedicated New York City lawyer from Robert Rosenblatt & Associates to learn more.
What Are Holdover Proceedings?
Holdover proceedings are legal actions initiated by landlords to evict tenants for reasons other than non-payment of rent. Unlike non-payment cases where the primary issue is unpaid rent, holdover cases can be based on a variety of reasons, ranging from alleged lease violations, to the expiration of a lease without renewal, or even personal use claims where a landlord may claim they need the apartment for their own use.
Essentially, if a landlord wishes to reclaim possession of their property for reasons not related to rent payment, they’d initiate a holdover proceeding. If you’re currently facing such a proceeding as a tenant, you should strongly consider retaining the services of a competent Manhattan landlord-tenant lawyer from Robert Rosenblatt & Associates who can effectively fight for the results you need.
How Do Holdover Proceedings Work in NYC?
Holdover proceedings can be a long, complex process. An overview of holdover proceedings is as follows:
- Notice: The process begins when a landlord serves the tenant with a notice, which may be a “notice to cure,” giving the tenant a specific amount of time to rectify a violation, or a “notice of termination,” indicating the landlord’s intention to terminate the lease.
- Petition and Summons: If the tenant doesn’t comply or vacate by the date specified in the notice, the landlord can then serve a “petition” and “summons” which informs the tenant of the commencement of a holdover proceeding in court.
- Court Proceedings: The tenant must answer the petition, either personally or through an attorney, in Housing Court. The case is then scheduled for an initial court appearance where both parties can discuss possible resolutions or set a trial date.
- Trial: If no resolution is reached, the case goes to trial. Both the tenant and the landlord will present evidence, after which a judge will make a decision. If the tenant loses, they may be issued a “warrant of eviction,” which authorizes a city marshal to evict the tenant.
- Post-Trial: Tenants have the right to appeal the court’s decision. Additionally, they can ask the court for a “stay of eviction” to get more time before vacating the property.
How Can a Lawyer Assist in Holdover Proceedings?
Some of the ways in which a competent lawyer can prove to be invaluable during holdover proceedings are as follows:
- Reviewing Notices: Our attorneys can meticulously review any notices received to ensure they comply with legal requirements. Any discrepancies can be used in defense.
- Negotiations: Before the case goes to trial, there’s an opportunity for negotiation. With a seasoned attorney, tenants can negotiate favorable terms or even possible lease extensions.
- Defense Strategy: Based on the reason for the eviction, our team will craft a strong defense strategy. For instance, if a landlord claims personal use, we will investigate and challenge such claims.
- Ensuring Fair Treatment: Many tenants aren’t aware of their rights. Our lawyers ensure that tenants aren’t taken advantage of, and that their rights are upheld throughout the process.
- Appeals and Stays: If the verdict isn’t favorable, our team can assist with filing appeals or requesting stays to give tenants more time.
Contact Robert Rosenblatt & Associates Today
Holdover proceedings can be distressing for tenants. With the legal guidance of Robert Rosenblatt & Associates, tenants can feel protected and have peace of mind. If you’re a tenant facing such a proceeding, contact a holdover proceedings lawyer from Robert Rosenblatt & Associates today. We are here to stand with you, every step of the way.
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