Not all eviction cases involve unpaid rent. Sometimes, landlords need to regain possession for other reasons, such as the expiration of a lease and unauthorized occupants. In these cases, the first step is typically serving a holdover predicate notice. This notice sets the foundation for your case, but it’s important to note that even seemingly minor mistakes can result in a dismissal.
With over 30 years of experience and exceptional success rates in the Bronx, Manhattan, and Queens courtrooms, our New York City landlord lawyers will work hard to ensure your notice meets the legal requirements necessary to protect your property rights. At Stark Law PLLC, we focus on New York City landlords with buildings of six units or fewer in the Bronx, Manhattan, Brooklyn, and Queens.
Schedule a free consultation with our law firm today by calling (718) 792-1200 or by reaching out online.
What Is a Holdover Predicate Notice?
A holdover predicate notice informs a tenant that their right to occupy the property is ending. It serves as the official warning before a landlord files a holdover petition in Housing Court.
Depending on the circumstances, the notice may:
- Terminate a tenancy after a lease has expired
- Notify the tenant of illegal occupancy or violation of lease terms
- Demand that the tenant vacate the premises by a specific date
- Outline the reasons for termination under the New York Real Property Law (RPP) and Housing Maintenance Code
There are several types of holdover notices, including Notice to Cure, Notice of Termination, and Notice to Quit, depending on the nature of the alleged violation.
The Importance of Precision in Holdover Notices
The rules for holdover notices in New York City are very strict. Courts can dismiss cases where, for instance, the notice was improperly worded and/or is missing required details. Each type of tenancy (meaning rent-stabilized, rent-controlled, and unregulated) has its own notice requirements in some cases as well.
An invalid notice could force you to start the process over entirely, costing you valuable time and money. That’s why it’s critical to have an experienced landlord attorney in NYC prepare your documents and oversee service on your behalf.
How Our New York City Landlord Lawyers Can Help You With Your Holdover Predicate Notice
Our NYC landlord lawyers at Stark Law PLLC are skilled in drafting and serving legally sound predicate notices that hold up in Housing Court. We can also guide landlords through their next best steps if a tenant fails to vacate or remedy the applicable violations.
Our legal services include:
- Evaluating your tenancy type and identifying the correct notice to issue
- Preparing and serving all predicate notices in accordance with Housing Court rules
- Coordinating with licensed process servers for timely delivery
- Representing you at every stage of your holdover proceeding
- Handling complex situations, if applicable, such as illegal sublets and lease violations
Since we focus solely on landlord representation in these matters, we have a distinct advantage over most of our competitors in this highly technical area of law. Combined with our decades of experience and exceptional success rates, we know what we’re doing and will work hard to help you secure your desired outcome as best as the law permits.
Contact Our Experienced New York City Landlord Lawyers Today
If you’re a landlord in one of the five NYC boroughs facing a holdover situation, Stark Law PLLC can help you take the correct legal steps. From drafting the initial notice to litigating your case in court if needed, we’ll ensure every requirement is met.
Call (718) 792-1200 or contact us online today to schedule a consultation with an experienced NYC landlord attorney and take the first step toward resolving your case as efficiently as possible.