Holdover Eviction Defense
Tenants' Rights Attorney
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:
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:
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.
Silberman Law Firm
Employment and Tenant