Evicting Holdover Tenant Guide
Summary
To evict a holdover tenant in New York for non-payment of rent, provide a 14-day notice to pay or face eviction. For month-to-month leases, give a 30-day termination notice. If the tenant remains, initiate a holdover proceeding. Consult a lawyer for detailed advice.Full Conversation
i have a tenant who is a holdover tenant and I want to evict her for non payment of rent
Hello ****, I can certainly provide you with some general information about this. Could you please tell me which state you are in? The laws regarding eviction vary greatly from state to state.
New York
In New York:
- Provide a written notice to the tenant, outlining the issue and giving them 14 days to pay rent or face eviction.
- If they don't comply, you can file a petition in court for eviction.
- The court will notify the tenant and a hearing will be set.
Please consult a legal professional for advice.
She is a holdover tenant as she has a month to month lease
In New York, for a month-to-month tenancy:
- You must provide a *-days notice to terminate the lease.
- If the tenant stays past this period, they become a holdover tenant.
- You can then start a holdover proceeding to evict.
Please consult a lawyer for detailed advice.