What can I do if my landlord is ending or not renewing a lease and starting a holdover case against me?

A holdover eviction is when a landlord asks a court to make you move out even if you paid you rent. The landlord is not claiming unpaid rent. They are trying to evict you for another reason.

Common reasons for a holdover eviction

Your landlord can start a holdover case if:

• Your lease ended and they are not renewing it.
• You are living there month-to-month and they want to end it.
• They believe you broke rules in your lease, like noise complaints, pets, or illegal activity.
• Other reasons not related to rent. (If the issue is only unpaid rent, that is a nonpayment eviction.)

If you learn your landlord wants to start a holdover case:

• Pay attention to all the papers you get. They will tell you when to go to court and other important things. Make sure to go to all court appointments. If you miss court, your landlord can get permission to evict you.
• Read the notice. Look for the reason your landlord says your time in the home has ended.
• Gather proof. Collect anything that shows you have a right to stay or did not break any lease rules.
• Try to get legal help. The sooner you talk to a lawyer or legal helper, the better.

Your landlord must warn you in advance

Your landlord must give you a written notice that tells you when they want you to move out.

The notice must say:

• How many days you have to move out of your home.
• If the landlord says you broke a lease rule, how many days you have to fix it. 

If your landlord is ending your month-to-month tenancy or not renewing your lease, the timing for the notice depends on how long you have lived in the home OR how long your lease is. The landlord must follow the rules for whichever is longer. 

• If you lived in the home or have a lease for two or more years, the landlord must give you 90 days written notice.
• If you lived in the home or have a lease for one year or more (but less than two years), the landlord must give you 60 days written notice.
• If you lived in the home or have a lease for less than one year, the landlord must give you 30 days written notice. 

If your landlord did not give you enough notice or no notice, tell the judge. The landlord cannot evict you with the wrong notice. The judge should close the case and make them start again.

If you move out by the time the notice ends, your landlord cannot file an eviction case against you in court. If you do not move out in time, a landlord can bring a holdover eviction case against you in court. This means you will have to go to court, and your eviction case could be a public record that other people can see.

What happens after the notice

If you do not move out by the time the notice expires, your landlord can file a holdover eviction in court:

1. Your landlord must have someone else serve (give you) your court papers.
2. You must go to court on the date listed on those court papers.
3. You can ask the judge for 14 days to get a lawyer. You can also ask for 14 days if you disagree with your landlord’s claims or believe they did not follow the correct legal steps. These 14 days are called an adjournment.
4. During this time, you can also try to work out your case with the landlord outside of court. This is called a settlement.
5. On the first court date or after the adjournment, a judge will hear both sides. Tell the judge your side of the story. Give any defenses you have, like the notice is wrong. Learn more about preparing your defenses and what to expect in court so that you are ready for your court date.
6. If your landlord wins, the court can issue a warrant of eviction. This means the court gives the landlord legal permission to have you removed from the home. The sheriff or marshal can then come to your home and carry out the eviction. If you win, you cannot be evicted. 

Where to get help

You can apply for free legal help on the EvictionDefenderNY application. To potentially get legal help and learn about the process, search for free legal help on LawHelp. 

The NY Courts has a guide with sample forms and steps for responding to a holdover case. It can help you understand the legal process and try to stop the eviction.

There are also two resources linked below that explain:

• The different types of holdover cases and how much notice a landlord must give.
• A timeline of how a holdover eviction case typically happens.

Use these resources to understand what type of holdover case you are in and what to expect in the coming weeks.