Rental agreement disputes can involve high stakes for the involved parties: landlords stand to lose a steady revenue stream, while tenants face eviction from their homes or the loss of affordable housing. Whether you’re a landlord or a tenant, it’s advisable to consult with an experienced real estate attorney to protect your best interests. Your legal representative will create a personalized legal strategy for you and pursue a favorable judgement should your case go to court.

There are many causes for disputes between landlords and their tenants. In cases where a tenant has failed to pay their monthly rent, the landlord can bring a non-payment dispute to recover unpaid rent or receive a judgement giving them the right to evict the tenant (a possessory judgment). In cases involving violations of the lease terms outside of not paying rent, the landlord can bring a holdover proceeding to secure the tenant’s eviction. Engaging in an illegal activity (such as selling drugs), operating a business within the apartment, overstaying the duration of the lease, posing a nuisance to other tenants, keeping unauthorized pets, and illegally subletting the apartment can give a landlord the right to initiate a holdover proceeding against the tenant.

If the issue involved in the lease violation might be easily fixed, the landlord might provide the tenant a “Notice to Cure”, which is written notice that the tenant’s actions violate the rental agreement. The tenant has a period of time, perhaps ten days, to remedy their actions. If the tenant fails to fix the issue or if the issue is beyond fixing, the landlord can serve the tenant with written notice of termination of their lease, a “Notice to Vacate”. The date by which the tenant must vacate the premises is generally one month from delivery of the notice. Holdover action in court begins once the tenant fails to vacate after the Notice to Vacate date has passed.