Landlord - Tenant Holdover Proceeding After Temination of Tenancy

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A holdover proceeding is a proceeding to evict a tenant on any grounds other than the nonpayment of rent. A landlord generally initiates a holdover proceeding when a tenant stays past the expiration of the lease without the consent of the landlord or when a tenant violates a term of the lease or rent laws (i.e. if a tenant uses the apartment for illegal activity, like selling drugs, or behaves in a way that threatens the life, safety or comfort of other tenants). Because a tenant faces the permanent loss of his/her apartment, holdover proceedings are inherently more complicated than the average nonpayment proceeding where the main issue is whether or not a tenant paid his/her rent.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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