Where a tenant is either chronically late in paying rent, or has been subject to a number of non-payment proceedings, without valid defenses, a landlord can bring a summary holdover proceeding to recover possession of a tenant’s apartment.
Landlords are advised to keep an accurate rent record of each tenant’s payment and the number of rent demands and non-payment proceedings. If a landlord is required to bring a series of non-payment proceedings, over a period of time, and the tenant has no defense, a chronic non-payment holdover proceeding may be appropriate.
For instance, the commencement of seven nonpayment proceedings during a two year period, where no rent abatement was granted, was sufficient proof for one court to decide in the landlord’s favor.
Even where there are sufficient grounds to commence the proceeding, the court may hold a “Sofizade” hearing after the Landlord has prevailed. A “Sofizade” hearing is a hearing to determine whether the tenants circumstances have changed in the interim so that the tenant’s rent payments in the future will not be an issue. Such a change in circumstances would allow the court to permit the tenant to remain in possession while on probation.