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                                       Hold-over Proceedings

Holdover cases are started to evict a tenant. This happens when the tenant remains in the premises after his her lease expires. A lease may expire when the agreed to by the parties for the lease to end reaches, or where the lease is terminated by the landlord. The landlord may terminate the lease because the tenant breaches a material term of the lease. A lease also expires when a warrant of eviction is issued. This may occur during a non-payment proceeding.

There are various circumstances that could lead to the commencement of a holdover proceeding. (a) A holdover proceeding may be commenced when the start tenant remains in the premises after the lease has ended; (b) when the landlord terminates the lease because the tenant has violated a material and significant provision of the lease; (c) when there is an intruder squatting in the premises. There is another class of holdover cases where the problem is NOT with someone who has a relationship with the landlord as a tenant. Such a person may have a relationship with former tenant and gained access to the premises that tenant. This is calle the licensee holder-over case.

The holdover case is therefore, much more complicated and requires more careful attention than a mere non-payment case.

The Predicate Notice  

In most cases, before the landlord takes the tenant to court a predicate notice has to be served in the tenant. A predicate notice may be a notice to cure a violation of a provision of the lease, a notice to quit, a notice of termination of the lease, or in the case a notice of intent not to release the lease.

Generally, a notice to quit gives the tenant 30 days notice to vacate the premises. However, in some cases a 10-day notice to quit is sufficient.

After the predicate notice or notices are served, the landlord may commence the holderover proceeding if the tenant remains in the premises