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What is a Holdover Tenant in New York?

A holdover tenant is someone who lives in a rental unit without an active lease, and they need to be evicted using a special legal process for holdover tenants in New York.


In New York state and New York City, a holdover tenant is someone who refuses to leave or pay rent after their lease agreement has ended, has lawfully occupied a property for more than thirty days or is a month to month tenant.

This could be either a roommate or someone who was subletting an entire apartment - but the processes are slightly different for each.

A roommate holdover case is brought to make a roommate who was never on the primary lease leave the apartment that you share. If your roommate is someone you let live in your home without paying rent, then you can start a licensee holdover case, not a roommate holdover.

A standard holdover case is for when someone was on the lease and now won't leave. The process is similar to but not exactly the same as a regular eviction case in New York.

In either case, a holdover proceeding requires some combination of these documents:

  • Notice of termination
  • Affidavit of service
  • Notice of petition
  • Petition

    Next steps

The information provided on this website does not, and is not intended to, constitute legal advice.


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