Holdover vs. Nonpayment Evictions
Deciding between holdover and nonpayment evictions.
Recently, we have had several situations arise where clients had to determine whether they would bring a Holdover vs. Nonpayment eviction against the tenant. Now it is true that in most situations, there is really no choice. The facts of the specific case dictate that there is only one option available. It is not correct however to assume that there are never situations where a choice exists. The final decision needs to be the result of strategic planning between attorney and client.
The one constant that must be taken into account when determining which type of action you will ultimately bring is the desired outcome. The attorney’s job is to take the specific facts of the case and develop the plan to achieve the desired outcome. Together, the attorney client team decides on the type of action to bring. Together, they have taken into consideration the ultimate goals of the landlord, the governing laws, the trends of the court rulings, and the facts of the case.
As always, if you are having trouble deciding which type of action to bring, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!
Squatter or Holdover
Figuring out if the occupant is a squatter or holdover tenant is easier than you would think. Recently we have received a lot of phone calls regarding situations where landlords are having difficulty with people in their rental properties that they have never signed a lease with. In this situation, the first thing that seems to come to the minds of most people is that they are dealing with a squatter. A quick reference is to look to the amount of time that the intruder is on the property for. If they are on the property for more than 30 days, then the easiest way to remove them from the premises is via a holdover proceeding. If the intruder is there for less time, then they may be ejected as a squatter. Often times, a holdover proceeding seems to give the landlord a more guaranteed approach to recovering their property. The tradeoff is that with a holdover proceeding, the time to evict is often a little longer.
If you have questions regarding your landlord or tenant and whether or not the situation in which you are involved should be dealt with as a holdover or ejectment, then feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!
If you are a landlord, you will eventually need to evict a tenant. Here are some things you should have at the ready:
- money to cover the mortgage if a tenant does not pay rent for several months;
- a well written lease that provides for additional rent and attorneys fees;
- a knowledgeable landlord-tenant attorney;
- a Multiple Dwelling Registration number (if required);
- certified copy of your MDR (if required);
- your original deed or a certified copy.
The above will help speed up the eviction process.
We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters.
Call (516) 858-2620 to arrange a FREE Landlord Tenant consultation with an attorney!
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The NYC Department of Housing Preservation and Development (HPD) requires registration of One- and two-family dwellings that are not occupied by the owner or his/her family member. Not having your property registered could lead to a fine, dismissal of your landlord tenant eviction case or denial of back rent owed to you by your tenant. Also see our earlier post What’s your MDR number?.
We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters.
Call (516) 858-2620 to arrange a FREE Landlord Tenant consultation with an attorney!
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