Landlords in New York City often face difficult decisions when dealing with problem tenants, such as when choosing between a holdover proceeding and a nonpayment case. Each type of action serves a different purpose and follows unique procedural rules in Housing Court. Selecting the wrong option can lead to undesirable consequences, both legally and financially speaking.
Our New York City landlord attorneys focus on properties containing 6 or fewer units in the Bronx, Queens, and Manhattan, but serve throughout the NYC Metro area. Stark Law PLLC is here to help you make the right decision and enforce your rights from start to finish. With 30 years of experience and exceptional success rates, you’ll be in trusted hands if you hire us to represent you.
Call (718) 791-1200 or contact us online for a free consultation. We can provide you with informational materials and some preliminary legal advice at that time.
The Difference Between Holdover and Nonpayment Proceedings
A nonpayment proceeding is filed when a tenant still has a valid right to occupy the apartment but owes rent. Before filing, the landlord must serve a proper rent demand, giving the tenant a set number of days (usually 14) to pay or face legal action.
A holdover proceeding, on the other hand, is used when the landlord wants to recover possession of the unit, not just collect rent. These cases typically arise when:
- The tenant’s lease has expired and was not renewed
- The tenant violated their lease terms
- The landlord terminated a month-to-month tenancy
- The tenant remains in the property unlawfully after a notice to vacate
Since holdover cases aim to remove the tenant regardless of payment, they often proceed faster and may not allow the tenant to “cure” by paying back rent.
How Our Landlord Lawyers in NYC Can Help You Take the Appropriate Legal Action for Your Case
Deciding between a holdover and a nonpayment case depends on both your specific situation and your long-term goals as a landlord. Stark Law PLLC will evaluate all of the facts of your case and, from there, determine which filing gives you the strongest position in Housing Court.
When you hire our firm, we can:
- Review your lease agreement and payment history to assess the right legal strategy
- Draft and serve predicate notices that meet all legal requirements
- File and prosecute your case efficiently in Housing Court
- Negotiate settlements or stipulations when beneficial
- Represent you at every court appearance, hearing, or trial
- Handle related issues, such as HP proceedings filed by tenants or the DHPD
We know how to build cases that withstand legal scrutiny and move efficiently toward a resolution. Contact us today for a free consultation and to learn more information about your best course of action.
Schedule a Free Consultation With Our Experienced NYC Landlord Attorneys
Whether you want to recover rent, regain possession, or both, selecting the correct type of legal action is crucial. Stark Law PLLC has provided landlords with exceptional legal services for over 30 years and can do the same for you as soon as you’re ready.
Contact us today online or by calling (718) 792-1200 to schedule a free consultation. We will work tirelessly to help you achieve your desired outcome as best as possible under state law.