Legal Question in Real Estate Law in New York

holdover

my rent stabilized tenant on 4th floor

apartment smells so badly that 5th floor

tenant has to stay at friends. the

apartment is filthy and stinks. The

elderly tenant doesn't smell a thing.

how do i proceed with a holdover?


Asked on 3/02/09, 5:57 pm

2 Answers from Attorneys

Steven Czik CZIK LAW PLLC

Re: holdover

As NYS has very specific Notice provisions, especially, with regard to holdovers, it is highly advisable to retain an experienced attorney to assist you. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 3/16/09, 5:33 pm

Re: holdover

Steps to proceed with a holdover proceeding on your own can be found at the following link:

http://www.courts.state.ny.us/courts/nyc/housing/holdover.shtml

You may also find this booklet helpful: http://www.courts.state.ny.us/courts/nyc/housing/pdfs/Landlordbooklet.pdf

I recommend consulting with an attorney on the facts of your case to determine if this tenant's actions amount to a level of nuisance high enough to warrant an eviction or if this is the best cause of action to proceed with.

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Answered on 3/03/09, 8:56 am


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