December 15, 2018

Holdover Proceedings For Possession

 
A holdover case is commenced by a landlord to evict a commercial or residential tenant for reasons other than non-payment of rent.

A holdover case, by its very nature, is difficult and highly technical because a landlord is seeking a Court Order for a tenant’s eviction.  Several grounds for a holdover case include non-primary residence, illegal subletting, expiration of lease, nuisance, illegal activities and other violations of lease.  

Prior to the commencement of a holdover proceeding, the landlord must often serve predicate notices pursuant to statutes and case law.  Cohen Hurkin will review your case and prepare any predicate notices to be served by our licensed process server.

In the event the tenant has not surrendered possession, a landlord may file a petition and notice of petition in Housing Court which ultimately begins a case in Civil Court.  The law office of Cohen Hurkin will prepare a petition and notice of petition and file your case.

Once a court date has been set, the attorneys of Cohen Hurkin have the experience and knowledge to deal with your holdover landlord-tenant dispute.  Our attorneys appear in Housing Court each and every day the courts are open throughout New York City and its surrounding counties, always advocating on behalf of our clients.

In the event a case cannot be settled and must go to trial, the attorneys of Cohen Hurkin have decades of trial experience behind them.  If you desire to schedule an appointment, please contact us to schedule an appointment.
 
 
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