Holdover — lease violation
A lease-violation holdover terminates the tenancy for a substantial breach of a specific lease clause. Vague notices and generic clause references get dismissed.
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Identify the specific lease clause allegedly breached
Attorney reviewLocate the executed lease and pinpoint the specific clause, then gather the facts that show the breach.
Why it matters: Termination notices that fail to identify the clause with particularity are routinely dismissed.
If you wait: Evidence of the breach (photos, complaints, incident reports) can grow stale or disappear.
- 2
Have counsel draft the notice to cure (if curable)
Attorney reviewMost substantial breaches require a notice to cure before termination.
Why it matters: Skipping or shortening the cure period is a dismissal ground.
If you wait: Every day without a notice is a day the breach continues undocumented.
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Serve the notice of termination after the cure period
Attorney reviewIf the breach is uncured, serve the notice of termination stating the theory with particulars.
Why it matters: A vague theory sinks the case.
If you wait: Delay signals waiver of the breach.
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File and serve the holdover petition
Attorney reviewFile in the appropriate court and serve per RPAPL § 735 with proof of service.
Why it matters: Service defects apply to holdovers too.
If you wait: Delay lets the breach appear tolerated.
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Appear, obtain judgment, request the warrant
Attorney reviewFollow the same warrant-of-eviction rules as nonpayment.
Why it matters: Only an enforcement officer may execute the warrant.
If you wait: Tenants may seek stays.