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What happens when your lease ends NYC?

If your original term runs out and is not renewed, but the landlord continues to accept your rent payments, you are automatically considered a month-to-month tenant. Often it can be a sign of a good landlord-tenant relationship.

Can you evict a tenant after lease expires NYC?

If you have a written lease for a specific amount of time, you can only be evicted if: The lease is up. Your landlord must provide you with notice if they will not renew your lease.

What is a holdover tenant in New York?

A holdover case is brought to evict a tenant or a person in the apartment who is not a tenant for reasons other than simple nonpayment of rent. A holdover case is much more complicated than a nonpayment case.

What a landlord Cannot do?

Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.

How long does it take to evict a holdover tenant in New York?

Most New York City evictions will take around 3 to 6 months. However, the reason for the eviction can impact the timing. If the tenant has violated the lease, you can evict them in less than 3 months. Evicting a holdover tenant can take a lot longer, especially if they claim you didn't properly serve them notice.

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How can I get someone out of my house in NYC?

You must give the court clerk a warrant of eviction to be signed. After, you must hire and pay a marshal, sheriff, or constable to deliver a notice of eviction to the tenant. The notice of eviction tells the tenant that they have seventy-two hours to leave before they will be forcibly removed from the unit.

Which act covers a landlord harassing his tenant?

The police might say illegal eviction and harassment is a civil matter. Tell them it's a criminal offence under section 1 of the Protection from Eviction Act 1977.

Can you evict a tenant without a lease in NY?

In New York, a landlord can evict a tenant without a lease or with a lease that has ended (known as a \u201choldover tenant\u201d or \u201ctenant at will\u201d). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month, if the tenancy is less than one year).

How do I file a holdover petition in NYC?

The holdover petition must contain: the interest of the petitioner in the premises; the interest of the respondent in the premises and his/her relationship with the petitioner; a description of the premises; the facts upon which the proceeding is based; and, the relief sought.

What happens if my landlord does not renew my lease NYC?

If your landlord does not renew your lease and you remain in the apartment, be prepared for your landlord to start an eviction case in housing court agasint you. The case will likely be a holdover case, meaning that your landlord is asking for the right to evict you even if you're willing to pay the rent.

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