HOLDOVER EVICTIONS FOR TENANTS WHO OVERSTAY THEIR LEASE
At the law office of Glenn R. Bruno, Esq., in Poughkeepsie, New York, I represent landlords in holdover evictions and evictions involving tenants who overstay a lease. In addition to Dutchess County, my staff and I have handled evictions in Putnam County, Ulster County, Orange County and Columbia County.
As an experienced Poughkeepsie holdover evictions lawyer, I work diligently to protect my client’s interests throughout the eviction process. Call 845-454-2385 or, if you prefer, send me an e-mail to schedule a free in-office or telephone consultation. My office is conveniently located across from the Duchess County Courthouse.
THE HOLDOVER EVICTION PROCESS
There are multiple roads that can lead a landlord to a holdover eviction, and the process will vary depending on the type of tenant you are looking to evict:
- For tenants with an oral, month-to-month lease: In order to evict someone on a month-to-month lease, you have to meet two criteria. First, you can only terminate the tenancy on the first day of the tenancy. In the month-to-month context, this is generally the first day of the month. The second criterion is that you have to serve that tenant with at least 30-days notice of the date. For example, if today is April 15th and the landlord wants to terminate a month-to-month tenant, they must prepare a 30-day notice that says that the tenancy is terminated as of June 1st, because that is the first date you can meet the statutory requirements for terminating the tenancy. This notice must state that the lease will terminate at a particular time and follow the statutory requirements for service. If the tenant does not vacate the leased property by the termination date, then you can proceed to evict the tenant in a holdover proceeding. In a holdover eviction, you can pursue the value of the use and occupancy of the property. You cannot pursue attorneys’ fees and court costs with an oral lease.
- For tenants with a written lease: If you have a written lease with your tenant, the termination of the tenancy must be done in the manner described in the lease. After following the requirements for terminating the lease, you can evict the tenant for holding over and can seek compensation for the tenant’s use and occupancy, which is generally the previously agreed rent. You can also pursue attorneys’ fees and costs if the lease provides for it.