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What is a holdover notice?

What is a holdover notice?

A holdover case is brought by a landlord to evict a tenant or the person in the apartment for reasons other than simple non-payment of rent. A holdover case is much more complicated than a non-payment case.

What is a holdover penalty?

Holdover Rent Penalty is the penalty landlords charge when you stay in your space past your lease expiration. This rent penalty can be an additional 25-100% of your base rent, per month, for every month you continue to occupy the space. At the same time, your broker can approach your landlord on your behalf.

Can a landlord bring holdover proceedings against a tenant?

This is a court action in which your landlord is demanding possession of the apartment and wants to evict you. A Holdover proceeding is brought against a tenant whether or not the tenant has paid rent. Holdover proceedings are very serious and often involve issues that are complex.

How does a holdover eviction work in Long Island?

Residential landlords in Long Island deal with all of these situations on a regular basis. Typically, the first step in a holdover eviction happens outside the court system. Under New York law, the landlord must provide the residential tenant with a notice to terminate the leasehold.

What do you need to know about holdover proceedings?

This is a court action in which your landlord is demanding possession of the apartment and wants to evict you. A Holdover proceeding is brought against a tenant whether or not the tenant has paid rent. Holdover proceedings are very serious and often involve issues that are complex. Try to get legal assistance as soon as you can.

Can a tenant hold over after the lease ends?

A tenant (or anyone in subsequent possession of the rented property, such as a sub-lessee or assignee), who unlawfully holds over after the lease period ends, must pay the landlord for all actual damages caused by the holding over.

Can a landlord evict a holdover tenant?

This form is appropriate if you are letting the tenant stay, or simply seeking money the tenant owes you, but not if you are evicting a holdover tenant. Landlords may also pursue other remedies granted by the lease or other applicable law against a holdover tenant.

Residential landlords in Long Island deal with all of these situations on a regular basis. Typically, the first step in a holdover eviction happens outside the court system. Under New York law, the landlord must provide the residential tenant with a notice to terminate the leasehold.

Can a landlord give you a month to month holdover?

You may find yourself in a new periodic lease If the landlord allows you to stay after the original lease has expired, you enter into a month-to-month lease (unless the original lease said something different). If you were originally in a week-to-week lease, the holdover period will also be on a week-to-week basis.

What happens when a tenant holds over a property?

A tenant (or anyone in subsequent possession of the rented property, such as a sub-lessee or assignee), who unlawfully holds over after the lease period ends, must pay the landlord for all actual damages caused by the holding over. At the very least, the holdover tenant owes the rent for the period of holding over at the rate provided in the lease.

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