NYC Housing Court Guide
Holdover vs. Nonpayment in NYC:
What's the Difference?
NYC Housing Court handles two main types of eviction cases. Knowing which one you're in — and how they work differently — is the first step to protecting your home.
This guide is for informational purposes only and is not legal advice. Always verify your situation with a licensed attorney or official NYC resources.
The Core Difference
Nonpayment Case
Your landlord claims you owe unpaid rent. The case is about money. If you pay what you owe, the case typically ends. You're not being asked to leave permanently — your landlord wants to be paid.
Holdover Case
Your landlord wants you to vacate the apartment entirely. This isn't about unpaid rent — it's about whether you have the legal right to remain. These cases are more complex and harder to resolve with a simple payment.
When Each Type Is Filed
Nonpayment cases are filed when:
- You haven't paid rent for one or more months
- Your landlord served a 14-Day Notice to Pay or Quit and you didn't pay
- There's a dispute about how much rent is owed
Holdover cases are filed when:
- Your lease ended and you stayed (month-to-month or expired lease)
- Your landlord claims you violated your lease and didn't cure it
- Your landlord wants to reclaim the unit (owner move-in, gut renovation)
- Your landlord claims you're not the lawful tenant (illegal sublet, succession dispute)
- Your landlord terminated a month-to-month tenancy with proper notice
Your Defenses in Each Type
In a nonpayment case, you can raise:
- Payment — you paid and have proof (receipts, bank records, app records)
- Rent impairing violations — serious conditions in your apartment (no heat, mold, leaks, pests) that legally reduce what you owe
- Wrong amount — the landlord is claiming more than you actually owe
- Improper notice — the 14-Day Notice had errors or wasn't properly served
- Retaliation — the case was filed in response to you complaining about conditions
In a holdover case, you can raise:
- Lease renewal rights — you're rent-stabilized and have the right to renew
- Succession rights — you lived with the tenant of record and have the right to take over the lease
- Cure — you fixed the alleged violation before the case was filed
- Defective notice — the Notice to Cure or Notice of Termination had legal errors
- Retaliation or harassment — the case is designed to force you out illegally
How Each Case Typically Resolves
Nonpayment cases often resolve through a stipulation of settlement — a written agreement where you agree to pay a specific amount by a specific date. If you pay, the case is dismissed or marked settled. If you don't, the landlord can apply for a warrant quickly.
Holdover cases are harder to settle. Common resolutions include:
- A move-out agreement — you agree to leave by a date in exchange for time or money
- Case dismissal if the landlord's notices were defective
- A judge's decision after a full trial
- Restoration of your tenancy if your defenses succeed
What Both Cases Have in Common
- You cannot be evicted without a court order — in either type of case
- You have the right to a hearing before a judge
- You can represent yourself (pro se) in both
- NYC's Right to Counsel program may give you a free attorney in both types
- Showing up to court is essential — missing a date leads to default in both
Not sure what type of case you have or what to do?
Talk it through with VERA — it's free →Frequently Asked Questions
What's the difference between holdover and nonpayment in NYC?
Nonpayment is about unpaid rent — pay it and the case goes away. Holdover is about whether you have the right to stay in the apartment at all. Holdover cases are more complex and usually can't be resolved with a payment alone.
Can I stop a nonpayment eviction by paying?
Yes. Paying the full amount owed — before or during the case — will typically end a nonpayment proceeding. Even after a judgment, paying before the warrant is executed can stop the eviction in many situations.
Can my landlord file both types of cases against me?
Not at the same time for the same issue, but a landlord can file a holdover case after a nonpayment case resolves, or vice versa. Each case must be based on separate grounds.
Which type of case is harder to fight?
Holdover cases are generally harder to fight because they're about your fundamental right to remain. Nonpayment cases have a straightforward path to resolution (paying), but can also involve defenses related to conditions and repairs.
Do I need a lawyer for a holdover case?
It's highly advisable. Holdover cases involve complex legal questions about tenancy rights, notice requirements, and lease law. NYC's Right to Counsel program may provide a free lawyer if you qualify by income.