July 17, 2019

Holdover Proceedings For Possession

A holdover case is commenced by a landlord to evict a commercial or residential tenant for reasons other than non-payment of rent.

A holdover case, by its very nature, is difficult and highly technical because a landlord is seeking a Court Order for a tenant’s eviction.  Several grounds for a holdover case include non-primary residence, illegal subletting, expiration of lease, nuisance, illegal activities and other violations of lease.  

Prior to the commencement of a holdover proceeding, the landlord must often serve predicate notices pursuant to statutes and case law.  Cohen Hurkin will review your case and prepare any predicate notices to be served by our licensed process server.

In the event the tenant has not surrendered possession, a landlord may file a petition and notice of petition in Housing Court which ultimately begins a case in Civil Court.  The law office of Cohen Hurkin will prepare a petition and notice of petition and file your case.

Once a court date has been set, the attorneys of Cohen Hurkin have the experience and knowledge to deal with your holdover landlord-tenant dispute.  Our attorneys appear in Housing Court each and every day the courts are open throughout New York City and its surrounding counties, always advocating on behalf of our clients.

In the event a case cannot be settled and must go to trial, the attorneys of Cohen Hurkin have decades of trial experience behind them.  If you desire to schedule an appointment, please contact us to schedule an appointment.
Disclaimer: The Law Offices of Cohen Hurkin Ehrenfeld Pomerantz & Tenenbaum, LLP, provide the information found on this web site for informational purposes only. It is not intended to, and does not, constitute legal advice or a legal opinion. Nor does it create an attorney-client relationship between The Law Office and any viewer of the site. You should not act or rely upon any information that you obtain from this site without first seeking the advice of an attorney regarding the facts of your specific situation. The information on this web site is intended to be accurate and current. We do not promise or warrant, however, that the information that you find here is complete, accurate or up-to-date.
Copyright 2008-2019 Cohen Hurkin Ehrenfeld Pomerantz & Tenenbaum LLP