Holdover proceeding, defined

A holdover proceeding is a type of eviction case in New York City housing court that a landlord files to recover possession of an apartment for a reason other than unpaid rent. If the issue is money owed, that's a nonpayment proceeding. If the issue is that the tenant has no continuing legal right to stay — an expired or terminated lease, a serious lease violation, an unauthorized occupant, or an illegal use of the unit — that's a holdover.

Both are "summary proceedings," the streamlined process New York uses for landlord-tenant disputes. The distinction matters because holdover cases turn on the right to possession, not on a rent balance.

When landlords use a holdover proceeding

Common grounds for a holdover in NYC include:

  • Expired lease — the term ended and the tenant stayed on (a "month-to-month holdover" or a tenant "holding over").
  • Lease violation — a material breach the tenant failed to cure, such as an illegal sublet, unauthorized pets, or a serious nuisance.
  • Unauthorized occupant — someone living in the unit who isn't on the lease.
  • Terminated tenancy — the landlord lawfully ended the tenancy after proper notice.

How it works in NYC

Holdover cases are heard in NYC Housing Court (part of the Civil Court system). Before filing, a landlord usually must serve a predicate notice — a notice of non-renewal, notice to cure, or notice of termination — with the type and timing set by law and by the nature of the tenancy. A defect in that notice is one of the most common reasons a case is dismissed.

New York's tenant-protection framework, strengthened under the 2019 HSTPA reforms, shapes what's permissible. Rent-stabilized tenants have a right to lease renewal, so a landlord generally can't decline to renew just because the term is up; grounds are limited and DHCR and HPD rules apply. Every step must also comply with Fair Housing law. While a case is pending, a landlord may seek use and occupancy — payment for the tenant's continued possession.

For the full sequence — notice, filing, court, and (if awarded) a warrant executed only by a city marshal — see our step-by-step NYC eviction process guide and our eviction notice requirements breakdown.

An example

A tenant's one-year lease expires. The landlord doesn't want to renew because the tenant repeatedly sublet the unit on a short-term rental platform in violation of the lease. Because the tenant owes no rent, a nonpayment case doesn't fit. The landlord serves the required notice, and — if the tenant doesn't leave — files a holdover proceeding to recover possession on the grounds of a lease violation and expired term.

How Yak Management handles it

Holdover cases are won or lost on paperwork and timing. As a boutique, principal-led property manager specializing in rent-stabilized and multifamily buildings, we keep the notices, lease records, and communication clean so the process is defensible — and we coordinate closely with your attorney through eviction management. Facing a difficult tenancy? Start with a property consultation or get in touch.

This is general information, not legal advice. Holdover proceedings are governed by New York law and NYC Housing Court rules — consult a qualified attorney for your specific situation.