In a holdover summary proceeding, after a lease has ended, a landlord may seek a judgment of possession, and use and occupancy of the premises. This protects a landlord who would otherwise be required to commence both a holdover and a non-payment summary proceeding.
Some courts have ruled that the commencement of a non-payment proceeding, after the termination of a tenancy, reaffirms the tenancy. Nevertheless, if a commercial nonpayment proceeding is commenced prior to the holdover proceeding and the nonpayment petition is not amended so as to include rents that occur after the termination period, the holdover case may possibly not be dismissed.