Eviction Defense · New York
New York Holdover Evictions: Notices, Lease Termination, and Defenses
A guide to holdover cases involving lease expiration, termination, alleged violations, nuisance, occupants, and possession disputes.
Reviewed 2026-10-01
Legal information, not individual legal advice
What a holdover case is
A holdover proceeding seeks possession for a reason other than simple nonpayment. The theory may be lease expiration, termination of a tenancy, a lease violation, nuisance, unauthorized occupancy, owner occupancy, or another ground recognized by law.
Predicate notices matter
Many holdover cases require one or more notices before filing. The content, timing, service, and legal basis can matter. Different rules apply to different tenancy types and allegations.
Issues to investigate
- Was the tenancy properly terminated?
- Does rent stabilization or rent control apply?
- Does Good Cause Eviction apply?
- Was a lease violation curable and was a cure notice required?
- Is the alleged nuisance supported by specific facts?
- Are retaliation, discrimination, disability, VAWA, succession, or subsidy protections relevant?
Tenant answer forms
New York Courts publishes a statewide Answer and Counterclaim form for tenants in holdover cases, with separate procedural guidance for cases inside and outside New York City.
Primary and authoritative sources
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