Sometimes rent isn't the issue — the tenant is the issue.
Maybe they're subletting illegally. Maybe they've turned your unit into an Airbnb. Maybe they're making life miserable for neighbors. Maybe the lease ended and they just... won't leave.
In all these situations, you need a holdover proceeding and a skilled eviction attorney for NYC landlords.
Grounds for a Holdover Proceeding:
- Illegal sublets or unauthorized occupants
- Nuisance behavior (loud parties, harassment, illegal activity)
- Expired lease with no renewal
- Squatters or licensees overstaying their welcome
- Violations of co-op or condo rules
The Process:
- Serve a Termination Notice (30, 60, or 90 days depending on lease terms)
- File a Holdover Petition in the relevant Housing Court
- Properly Serve the Tenant – service errors are a common trap
- Appear in Court – where tenants often raise creative, last-minute defenses
- Secure a Judgment and Eviction Warrant
Why Holdovers Get Delayed
Tenants are smart and the system often rewards delay. They may:
- Claim they never received the notice
- File repeated OSCs to delay the eviction
- Bring in free legal aid to create additional hurdles
- Pretend they've moved out, then show up at the last minute to reset the process
- Claim emotional hardship or start seeking rental assistance to halt the case
Landlords often come to us frustrated and asking: "How do I get rid of this tenant?" The answer is a smart legal strategy and relentless follow-through.
At The Law Offices of Stuart Jacobs, we specialize in holdover cases across NYC, including complicated situations involving rent-stabilized units, co-op boards, and commercial lease violations. We know how to cut through the excuses and delays and how to get your property back.