Holdover Cases
Protecting Landlords' Rights in Lease and Occupancy Disputes
Holdover cases are eviction proceedings that do not stem from unpaid rent, but from other tenancy issues—such as lease expiration, tenant misconduct, unauthorized occupants, or violations of lease terms. As a landlord, understanding how to approach these situations legally and strategically is key to protecting your property rights.
What Is a Holdover Case?
A holdover case allows landlords to reclaim possession of a rental property when a tenant or occupant remains after their right to stay has ended.
This could include:
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Tenancy without a lease or after lease expiration
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Violations of lease terms (e.g., unauthorized alterations, illegal activity, persistent noise)
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Unauthorized subtenants or squatters
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Non-renewal in non-rent regulated apartments
These cases are distinct from non-payment cases, which strictly relate to rent collection.
When Can You File a Holdover Case?
Before initiating a case, you must determine whether a Notice of Termination is required. Situations requiring notice include:
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Month-to-month tenants
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Expired leases where rent is still being accepted
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Rent-regulated housing
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Tenants with Section 8 subsidies
In some scenarios—such as a lease ending without acceptance of further rent—no notice may be required.
Consult lease terms and housing regulations to confirm your obligations.
Required Notices Before Filing
You may need to serve one or more of the following notices:
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Notice to Cure: Given in cases involving lease violations. It provides tenants time to fix the issue.
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Notice of Termination: Ends the tenancy formally if the issue isn’t resolved.
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Notice to Quit (10-Day Notice): Used for occupants with no legal right (e.g., squatters).
Each notice must include the reason for termination, the date by which the tenant must vacate, and a warning that legal action will follow if they fail to move.
Starting the Case: Petition & Notice of Petition
Once all preliminary notices are served (if required), you must serve the tenant with a Notice of Petition and Petition—legal documents that initiate the court process.
These papers must clearly state:
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The date, time, and location of the court hearing
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Your legal basis for seeking eviction
Failure to serve these papers correctly may result in your case being dismissed or delayed.
Proper service options include:
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Personal delivery (not by the landlord)
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Substituted delivery (to someone of suitable age in the household)
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Conspicuous place delivery (e.g., taping to the door + mailing copies)
What Happens in Court?
Tenants have the opportunity to answer your petition—either orally or in writing—and present legal defenses such as:
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Improper service of court papers
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Harassment or retaliation claims
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Disputing the allegations in the termination notice
Some may file counterclaims or ask for time to fix alleged violations. Be prepared to present documentation, witnesses, or photos supporting your claims.
If your case proceeds to trial, both sides will testify. The judge will either dismiss the case or issue a judgment of possession and a warrant of eviction.
Eviction & Enforcement
If you prevail in court, an eviction may proceed.
Key steps include:
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A 14-day Notice of Eviction served by a Marshal, Sheriff, or Constable
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Eviction must occur on a business day during daylight hours
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In some cases, tenants may request a stay of up to one year based on hardship
Landlords cannot change locks or forcibly remove tenants themselves. Only law enforcement can enforce an eviction.
Settlements & Alternatives
Many holdover cases settle without a trial. A Stipulation of Settlement can outline:
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A move-out date
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Conditions for remaining temporarily
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Payment terms or rent reductions
Settlements must be clear, fair, and documented in writing. Consider court oversight to enforce terms if needed.
Need Help with a Holdover Case?
We assist landlords with every aspect of the holdover process—from drafting termination notices to representing your interests in court. Our team ensures all procedural steps are followed precisely, reducing delays and increasing the likelihood of a favorable outcome.
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