In order to start a holdover case, you must have a legal reason for evicting someone. The reason may involve one of the following:
- The tenant’s lease has expired.
- The occupant of the apartment is not the tenant of record.
- You do not have a written lease with the tenant (the tenant rents on a month-to-month verbal agreement) and you would like the tenant to leave.
- If there is a lease, your tenant violated one or more of its terms. For example, your tenant installed a washing machine or has a dog in the apartment in violation of the lease.
- The tenant, the tenant’s subtenant or licensee, or the tenant’s family member created a public nuisance or is involved in criminal activity.
- The tenant refused to allow you into the apartment at a reasonable hour when you had a good reason to enter, such as to make needed repairs.
- You have decided to end your licensee’s permission to stay in the apartment.
The procedure for starting a holdover case can be very complicated, and your case may be dismissed by the Court if you don’t follow the procedure properly. If the apartment is covered by rent regulations or subsidy agreements, the notice requirements can be complicated. Consult a lawyer if possible. If you have a lawyer representing you, the lawyer can handle most of the filing tasks and appear in court for you.
Note: If your building is owned by a corporation, you must have a lawyer to represent you in court.