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.
- The landlord does not have a written lease with the tenant (the tenant rents on a month-to-month verbal agreement), and the apartment or housing unit is not covered by the Good Cause Eviction law, and the landlord would like the tenant to leave.
- If there is a lease, the tenant violated one or more of its terms. For example, the 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 the landlord into the apartment at a reasonable hour when they landlord had a good reason to enter, such as to make needed repairs.
- The landlord or prime tenant has decided to end a licensee’s permission to stay in the apartment.
The procedure for starting a holdover case can be very complicated, and the case may be dismissed by the Court if the procedure is not followed properly. If the apartment is covered by rent regulations or subsidy agreements, the notice requirements can be complicated. Landlords should consult a lawyer if possible. The lawyer can handle most of the filing tasks and appear in court for you.
Note: If the building is owned by a corporation, the building must be represented by a lawyer in court. Prime tenants or shareholders who are evicting a roommate or licensee do not need to be represented by an attorney.