Residential holdover proceedings
A holdover proceeding is initiated to recover possession of the leased premises from a tenant where the landlord has terminated the lease because of a violation of the rental agreement. The purpose of a holdover proceeding is to remove the tenant, and generally take longer than non-payment proceedings to resolve. In holdover proceedings, even if the tenant pays the back rent owed, the court may still remove the tenant from the premises.
A core area of our practice at David Moss and Associates is prosecuting holdover proceedings in the Civil Courts. We have expertise in all types of holdover proceedings, including:
- Non-primary residence
- Owner’s own use
- Illegal subletting
- Chronic non-payment
- Succession claims
- Violation of no-pet clause
- Expiration of term
- Illegal alteration
- Breaches of a substantial obligation of tenancy, and
- Other leasehold violations.
Whether representing tenants or landlords in holdover proceedings, we negotiate skillfully with opposing parties to develop practical solutions that are in the best interests of our client. In cases where negotiation is not an option, we litigate aggressively to resolve matters as quickly as possible.