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Home / Practice Areas / Landlord & Tenant Court Eviction Proceedings (Non Payments and Holdovers)

Landlord & Tenant Court Eviction Proceedings (Non Payments and Holdovers)

Non-Payment Eviction Proceedings – In non-payment proceedings, a landlord claims that it has the right to evict its tenant due to non payment of rent. There are numerous defenses to such claims by the landlord. Tenants have the right to withhold their rent if in fact they have not received required services such as security, heat, water, extermination, etc. because these constitute a breach of the landlord’s warranty of habitability.The tenant may counterclaim against the landlord based on the landlord’s breach of its warrant of habitability and also demand repairs.

If a settlement can’t be reached a trial will be held before a judge. The trial is conducted in a formal manner and all evidentiary rules apply. At trial, the judge will review all of the evidence presented by both sides. At the conclusion of the trial, the judge will issue a judgment. In determining the amount of the judgment, the judge will offset the amount of rent proven to be due against the defenses and counterclaims of the tenant to the payment of such rent.

After a judgment is issued, the tenant has the right to satisfy the judgment within five (5) days. Many tenants receive a judgment, and are not aware of the fact that they have a five (5) day period to satisfy the judgment so as to prevent their eviction. This is a very important point. A judgment in a non-payment proceeding does not necessarily result in the tenant losing his home. As long as the tenant pays the judgment amount within five (5) days the tenant will not be evicted.

Holdover Eviction Proceedings – In a holdover proceeding, (with some exceptions which will be stated below) a landlord is suing a tenant for eviction based on the allegation that the tenant has violated a substantial obligation of his lease or tenancy, i.e. subleasing, having a pet, noise, damaging the apartment conducting a business, etc. In all holdover proceedings (other than nuisance) that require a trial, in which the landlord claims a violation of tenancy, the tenant has a ten (10) day cure period to rectify the alleged lease violation following the trial even after a judgment is entered.

It is imperative that all tenants be aware of the fact that a judgment of possession after a trial does not necessarily result in the loss of the tenant’s home. As long as the tenant cures the alleged breach within ten (10) days after a judgment is issued against him he will not be evicted and will be allowed to remain in possession of his home..

The above mentioned cure periods do not apply to owner-occupancy, non-primary residence, nuisance and termination of non-regulated tenancies holdover proceedings.

Eviction Proceedings tend to be very complicated and time consuming. Parties should speak with an attorney before proceeding. We offer complimentary-no obligation consultations and you are welcome to schedule your consultation by calling us at 212-921-1600.


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