Owning rental property can sometimes be frustrating, especially when terms of a lease are violated. The eviction process in New York is complex, and there are strict requirements that must be followed before a Court will grant a money judgment for back rent owed or a warrant of eviction to physically remove a Tenant.

There are two Court proceedings to remove a Tenant: Holdover proceedings and non-payment proceedings. A holdover proceeding is used when a Landlord wishes to remove a tenant from the premises after the lease expires, or to remove a tenant with a month-to-month agreement. In this instance, the landlord must provide the tenant with a 30 day notice to vacate the premises. In order to evict the tenant, the landlord must then serve the tenant with eviction paperwork after the 30 days has lapsed. A non-payment proceeding is used when the tenant has not paid their monthly rent obligation. The tenant is served with papers to appear in Court on a certain date, and the eviction paperwork is drafted.

At the law firm of Glass & Glass, we are experienced in handling termination notices, evictions, landlord/tenant disputes, non-payment proceedings, holdover proceedings, as well as in preparing commercial and residential leases.


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