Landlord and Tenant Attorney FAQs

What is a Landlord/Tenant Holdover proceeding?

Holdover Proceeding

Commenced by a Landlord if a Tenant is violating specific terms of the lease (ex. Subletting without permission of the Landlord; Causing a Nuisance; Violating a No-Pet Clause in the lease).

Both types of Proceedings have “Pre-Notice Requirements” (notices that must be served to the tenant before it can be bought to Court). After the Notices are properly served, and the time requirements have expired, then a Notice of Petition and Petition are served upon the tenants. The Notice of Petition / Petition are the equivalent of what is commonly known as the Summons and Complaint in other legal proceedings.

What is a Landlord/Tenant Nonpayment proceeding?

• If a Tenant is not paying the monthly rent as required by their lease.

• The tenant must be in possession of the Apartment in order for the Landlord to commence a summary nonpayment proceeding.

Both types of Proceedings have “Pre-Notice Requirements” (notices that must be served to the tenant before it can be bought to Court). After the Notices are properly served, and the time requirements have expired, then a Notice of Petition and Petition are served upon the tenants. The Notice of Petition / Petition are the equivalent of what is commonly known as the Summons and Complaint in other legal proceedings