Holdover Tenant Information

Summary

A holdover tenant is someone who remains in a property after the lease expires without the landlords consent. In New York, they can be evicted through legal procedures, and prior notice is required. If the landlord accepts rent, the tenant becomes a month-to-month tenant. For month-to-month leases, a 30-day notice is typically required to move out. Consult a local attorney for specific advice.

Full Conversation

Im wondering what a hold over tenant is
Hello ****, a holdover tenant is someone who remains in a property after the expiration of the lease. If the landlord continues to accept rent payments, the holdover tenant can continue to legally occupy the property, and the lease terms will apply. This can vary by location. Could you please share your location to provide more specific information?
Upstate ny
In New York, a holdover tenant is:
- A tenant who stays after their lease ends without landlord's consent.
- They can be evicted by legal procedure.
- Prior notice is required before eviction.
- If they pay rent and the landlord accepts, they become month-to-month tenants.
so if im on a month to month agreement im not a holdover tenant?
Correct, ****. If you're on a month-to-month lease in New York and your landlord accepts your rent, you're not a holdover tenant. You're a month-to-month tenant.
can i call the police if my roommate refuses to return my property
Yes, you can report your roommate to the police for theft if they refuse to return your property. However, it's often recommended to resolve property disputes without involving law enforcement first. Could you please tell me where you're located for more specific information?
upstate new york
In New York, you have the following options:
- Talk to your roommate and ask them to return your property.
- If they refuse, you can report the matter to your local police department.
- You may also consider filing a civil lawsuit for the return of your property.
Remember, this is general advice and you should consult with a local attorney.
the items they’re refusing to return are from childhood, would i have to have proof they’re mine?
Yes, generally in disputes over property ownership, it's helpful to have proof that the items belong to you. This can be in the form of receipts, photos, or witness testimonies. Please consult with a local attorney for specific advice.
if i sign a new lease for my apartment without my roommates they’d have to get a notice to move out right
To provide accurate information, I need to know your location as landlord-tenant laws vary. Are your roommates currently on the lease?
upstate ny
In Upstate NY, generally:
- If the roommates are on the existing lease, they have rights until that lease ends.
- A new lease without them doesn't force them out.
- Proper notice must be given, typically 30 days.
Always consult with a local attorney for your specific situation.
we have a month to month but im gonna sign a new lease without them on it
In Upstate NY, for month-to-month leases, you generally need to provide your roommates with a *-day notice to move out. However, it's recommended you consult with a local attorney to ensure all actions are legal.
does the landlord have to give it to them or can i type one up and and serve it?
In Upstate NY, typically, the notice should be given by the landlord. However, to avoid any legal issues, consider speaking with your landlord or a local attorney.
but can i serve them with the notice?
In Upstate NY, it's generally the landlord's responsibility to serve the notice. However, if all parties agree, you may be able to. Consult with a local attorney to ensure legality.