An owner may commence a summary proceeding for possession of an apartment for a breach of the lease. If a tenant’s lease contains a provision allowing for termination for committing a “nuisance,” an owner may undertake eviction proceedings for objectionable conduct. A “nuisance” is generally considered persistent and egregious conduct that threatens the health, safety or comfort of neighboring tenants. To evict, owners must provide evidence proving that the tenant’s behavior meets this standard. The landlord must serve a preliminary notice which terminates the lease prior to commencement of the proceeding. The owner may also commence holdover proceedings for other reasons such as illegal sublet, non-primary residence, illegal use, or expiration of lease where no renewal is mandated by law.
Legal Services
New York City renters, you have rights!
Free legal advice and counsel is available for New York City residential renters. To access these services, please call 311 and ask for the "Tenant Helpline" visit NYC Tenant Protection Cabinet Information and Resources for NYC Tenants Impacted by COVID-19 webpage, or fill out their Contact Us form.
Seniors
Seniors who have received a Notice of Eviction or a written notice from their landlord can get eviction prevention assistance and legal referrals. The City also provides eviction assistance for persons over the age of 60 who are mentally or physically impaired. For help, call 311.
Housing Court Answers