Representing The Little Guy Since 1989 Fight Back!  We're on YOUR Side!  Call 212.219.2100

Defending Holdovers

About Our FirmFirm OverviewAttorney ProfilesResource LinksContact Us
Practice AreasPractice Areas OverviewDisciplinary ActionsDiscriminationEmployment AgreementsDefending HoldoversDefending Non-Primary Residence ProceedingsSublet, Assignment, and Occupancy IssuesLuxury DecontrolE-Newsletter: EmploymentEvictionsTenantsCommercial TenantsInfo Center: Real EstateState & Federal Appeals
Articles

Holdover Eviction Defense

Tenants' Rights Attorney

  • Have you received notice that you have to leave your apartment for staying beyond your lease?
  • Were you served with court papers requiring you to appear in court?

A holdover proceeding (also known as an eviction proceeding) is brought when a tenant has stayed beyond the term of their lease, or has engaged in some sort of conduct that the landlord believes gives them the right to terminate the tenancy. At Silberman Law Firm, we will fight for your rights as a tenant — in and out of court.

Fight Back! We're on Your Side.

Contact us or call 212-219-2100 to speak to a tenants' rights attorney.

What Are Some Typical Nuisance Holdovers?

Some of the most common reasons a landlord may complain of holdover are:

  • Making too much noise
  • Bothering neighbors
  • Unapproved pets
  • Non-primary residence
  • Sublet issues
  • Nuisance on part of the tenant

Rent Stabilized vs. Market Rent Apartment Holdovers

A holdover can be brought against a tenant in a rent-stabilized apartment or a market rent apartment. At Silberman Law Firm, we handle both. In a typical case, we look at:

  • Predicate notices — Predicate notices are notices a landlord is required to serve before a holdover case is brought. Was the predicate notice served in the manner that is consistent with the statute? Was due process met?
  • How were the legal court papers served? If court papers were not issued properly, it may be possible to dismiss the case.
  • Legal rights — We will examine your legal rights under the lease and the NYC Rent Stabilization statute.

If you have been issued a holdover, we will do whatever we can do defend your rights. We will look closely at the papers you have received and examine the lease to determine if the arrangement was rent stabilized (in which case, you would be able to stay in the apartment as long as you pay the rent and don't engage in obnoxious behavior), or market rent (in which we can help you seek additional time in your apartment).

If an eviction holdover is brought, we will submit an answer, make a motion to dismiss (if appropriate), negotiate a settlement, or go to trial in the New York City Civil Court Housing Court division.

Housing Courts Are Lenient Towards Tenants

Many tenants stay beyond the terms of their leases — usually because they choose to stay in the same apartment, or they cannot find another place to rent. Technically, after the term of the lease is up, the tenant is not supposed to be in the rental property. However, the courts have some leniency towards tenants in recognition of the fact that demand generally outweighs supply in the NYC housing market.

Contact Us — Holdover Eviction Defense in Manhattan, Brooklyn, and Queens

Give us a brief description of your case (by phone or e-mail), and we'll get back to you within one business day. At Silberman Law Firm, if you need a lawyer, you will talk with a lawyer — not an assistant.


E-mail: Contact Us

Silberman Law Firm

Employment and Tenant

Since 1989