Tenants are considered holdovers when they stay in a dwelling after the lease has expired. These situations often work out well for tenants and landlords when they come to a month-to-month agreement. But when the landlord wants to evict a tenant who won’t leave for reasons other than non-payment, landlords need the expertise of experienced eviction lawyers for landlords. Conversely, a tenant law attorney helps tenants being unfairly evicted. When you’re facing holdover eviction issues, call the best College Point, Queens eviction lawyers serving all five NYC boroughs, as well as Nassau and Suffolk counties, at Albert Maimone & Associates, P.C.
What Is a Holdover Eviction?
An eviction due to an issue other than the non-payment of rent is referred to as a holdover eviction. Normally, this type of eviction occurs if the landlord has decided to repurpose the property or if the tenant has not followed the rules of the lease.
Holdover rights apply to a tenant who continues to live on the premises and pay rent after the lease agreement has ended. As long as a landlord accepts payments, the tenant can legally remain. Once a landlord refuses the payments and the tenant still remains on the property, a holdover eviction may occur if they don’t agree on a new lease.
Holdover evictions aren’t for retaining money owed by the tenant. They’re commonly more complicated than non-payment evictions, as they deal with alterations to a standing lease agreement or a breach of contract. The eviction lawyers for landlords and tenant rights attorneys at Albert Maimone & Associates review cases with a client-centered approach. They offer guidance for holdover evictions to both tenants and landlords.
What Causes a Holdover Eviction?
A holdover eviction is most often caused by a break in the lease agreement for a reason other than non-payment. Reasons can include anything from tenants who house unauthorized people on the property, called illegal subletting, or a reclamation of the property due to a change in its intended purposes.
Seeking legal advice is recommended with these types of evictions, as they tend to get complicated than a simple demand of back rent payment. A holdover eviction depends on a specific lease or the housing laws and regulations of New York State. Violations of lease agreements that result in a holdover eviction include:
- Illegal subletting. If one or more people live in the property without being on the lease, or if the current tenant has sublet the property without proper notification and approval, that’s a violation that may trigger the need for an eviction lawyer.
- Disruptions to others. The tenant’s presence is intrusive to others, most common in apartment living situations. This behavior may result in litigation.
- A problematic roommate. A holdover proceeding may be held to evict a roommate if they have been living at the property without payment of rent.
- Pet issues. If a pet becomes disruptive or damages the property, an apartment lawyer may serve a holdover eviction. This can also occur if the landlord wasn’t informed of the pet, and no specific deposit was ever received.
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Why Should I Seek Counsel if I Can Fix the Issue Myself?
As a landlord or tenant, you may try to solve a problem independently without the potentially complicated and costly help from legal counsel. More often than not, however, these attempts end up being pricier and messier for all concerned. Find a lawyer who offers free consultations and case evaluations.
Albert Maimone & Associates is a boutique law firm, representing landlords and tenants in New York City and Nassau and Suffolk counties. If you’re involved in a holdover eviction, consider a successful eviction lawyer who’s well versed in real estate law and can navigate these complicated landlord and tenant disputes. Consider hiring an experienced eviction lawyer if:
- You’re being unjustly evicted. If you believe you’re being evicted illegally or wrongfully, seek a tenant’s rights lawyer to determine whether or not the eviction is valid and represent you.
- You’re a landlord who needs to initiate a holdover eviction. These complicated evictions can be poorly received by the tenant. Use eviction lawyers for landlords to ensure that everything is handled legally and efficiently.
- You’re unsure of your rights as a tenant. A tenant law attorney knows your rights and ensures you’re not being taken advantage of.
- You’re unsure of your rights as a landlord. It’s best to be covered legally if you’re unsure of your next step as a landlord, especially if you’re concerned about landlord liability issues.
As a Tenant, How Do I Know if I’m Being Unlawfully Evicted?
Eviction lawyers for tenants can help you move forward with a lawsuit if you’ve received an unconditional quit termination notice. A tenant rights attorney informs you of your rights, as well as what kind of compensation may be available to you.
If you live in an apartment, apartment lawyers are well versed in specific laws that apply to residential landlord and tenant issues. Eviction lawyers for tenants can help if you’ve been evicted due to:
- Any issue other than non-payment. A tenant law attorney deciphers exactly what’s expected of you by the law, and what isn't.
- Lack of or unauthorized lease agreement. A tenant rights attorney reviews your lease agreement to discern if the landlord broke any rules or failed to establish a lease at all.
- Pet issues. If your eviction is due to disruption of the property by a pet that had previously been approved by the landlord, legal action may be helpful.
- Previous property damage. If you’re being evicted due to newly noticed damage to the house that you didn’t cause, a lawyer helps you dispute the claim.
Finding Eviction Lawyer Near Me
Whether you’re looking for legal help evicting a non-paying or nuisance tenant or seeking legal representation when being unfairly evicted, choose an experienced eviction lawyer and tenant rights attorney well-equipped to handle the myriad of issues in commercial landlord-tenant proceedings.
Locate an eviction lawyer near you who is well-versed in real estate law, reviewing cases with a client-centered approach and offering guidance for holdover evictions to both tenants and landlords, navigating them through the legal process, and making sure they are protected at each step of the way.
As a Landlord, When Do I Have the Right to Proceed with a Holdover Eviction?
Consult an eviction lawyer for landlords to find solutions to your lease and tenant problems if you have a particularly complicated eviction that involves more than just a request of late payment. Although it may be tempting to solve the issue on your own, get covered by legal counsel to ensure your issues are resolved favorably and legally. Consult an eviction lawyer if:
- Your tenant has refused to vacate the property. If you’ve filed for an eviction and your tenant has disputed it or is “squatting,” seek legal counsel.
- Your tenant has threatened legal action. If your eviction notice was returned with a counter lawsuit, call eviction lawyers for landlords.
- There has been unreported damage to property. Unreported damage to the property is prosecutable in court and may be cause for a holdover eviction.
- Your property is being used for unauthorized purposes. Your lease stipulates how your property may be used. A violation is prosecutable.
Contact the eviction lawyers at Albert Maimone & Associates today for clarification and exceptional representation. An eviction lawyer reviews your legal matter within 48 hours and provides the highest quality legal services without the big firm legal fees. Located in College Point, Queens, they offer dependable advice and skilled representation.
Albert Maimone & Associates P.C.127-16 14th Avenue
College Point, Queens, NY 11356 (718) 357-1216