Navigating Landlord Challenges in NYC: Evictions, Non-Payment & Holdover Cases in Brooklyn, Queens, Manhattan The Bronx, and Staten Island from an Eviction attorney and landlord attorney
- Carl J. Muraco
- Jul 9
- 6 min read
Updated: Jul 10
As a landlord in New York City, owning property in boroughs like Brooklyn, Manhattan, Queens, The Bronx, or Staten Island can be both rewarding and challenging. While NYC real estate is among the most valuable in the country, navigating the legal landscape—especially concerning eviction, non-payment, and holdover tenants—requires careful planning and knowledge of local laws.
This comprehensive guide breaks down the most common issues NYC landlords face and how to effectively manage your rights and responsibilities across all five boroughs.
Understanding NYC's Complex Landlord-Tenant Laws
The New York rental market operates under one of the most complex legal frameworks in the country. The balance between tenant protections and landlord rights is especially delicate in NYC, where housing regulations are stringent and often favor tenants.
Whether you own a brownstone in Brooklyn or Manhattan, a duplex in Queens, a walk-up in The Bronx, or a detached home in Staten Island, understanding your legal obligations and the options available in cases of non-payment or holdover is critical to successful property management.
What Is a Non-Payment Case?
A non-payment eviction case is initiated when a tenant fails to pay rent, and the landlord wants to either collect the past-due rent or recover possession of the apartment.
Key Aspects of Non-Payment Cases in NYC.
PRACTICE TIP**** YOU CAN ONLY START A NON PAYMENT CASE IF THERE IS A LEASE IN EFFECT AT THE TIME OF COMMENCEMENT.
Legal Notice: A 14-day demand for rent must be served before court action begins as well as Good Cause eviction statutory notice.
Court Petition: If the tenant doesn’t pay, the landlord files a petition in Housing Court.
Court Proceedings: Tenants can raise defenses such as repair issues or overcharges.
Outcome: A judge may order payment, a payment plan, or eviction if the tenant doesn’t comply.
These steps are similar across Brooklyn, Queens, The Bronx, and Staten Island—but local court nuances matter, especially when timelines and case backlogs vary.
Holdover Cases: When Eviction Isn’t About Money
A holdover case applies when a tenant remains in the unit past their legal right to stay—such as after a lease expires, due to unauthorized occupants, or due to violations like excessive noise or illegal activity.
***GOOD CAUSE EVICTION APPLIES TO ALL BUILDING UNLESS YOU HAVE AN EXEMPTION. CALL TODAY TO DETERMINE IF YOU ARE EXEMPT. THE MOST COMMON EXEMPTION IS SMALL LANDLORD EXEMPTION WHEN AN OWNER OWNS 10 OR LESS RESIDENTIAL UNITS IN THE STATE OF NEW YORK.
Common Reasons for Holdover Actions
Lease Expiration without renewal
Breach of Lease Terms (e.g., no pets, no subletting)
Unauthorized Residents
Illegal Activity or Nuisance
A holdover case can be more complex than a non-payment case, particularly in rent-stabilized or rent-controlled apartments across New York City.
Brooklyn Landlords: Local Trends and Legal Hurdles
Brooklyn continues to experience rapid growth, especially in areas like Williamsburg, Crown Heights, and Downtown Brooklyn. But with popularity comes scrutiny, and landlords face strong tenant advocacy and court oversight.
Considerations for Brooklyn Landlords
Properties may be subject to rent stabilization.
Courts emphasize documentation: lease terms, notices, and repair history.
Tenant advocacy groups are active—be prepared for legal pushback.
If you own property in Brooklyn, proactively managing tenant relationships and following proper legal channels is essential to avoid delays or legal setbacks.
Queens: Growth, Diversity, and Unique Legal Issues
As the most ethnically diverse borough in New York, Queens presents both opportunity and complexity. Areas like Astoria, Jackson Heights, and Flushing attract a wide tenant base.
Common Issues for Queens Landlords
Non-payment due to overcrowding or unstable income
Subletting without permission (common in multi-family homes)
Unauthorized modifications to units (e.g., illegal room divisions)
In Queens, it's especially important for landlords to perform regular inspections and document all lease violations clearly for use in holdover proceedings.
The Bronx: High Demand, Higher Risk
The Bronx has seen significant investment in recent years, especially in neighborhoods like Fordham, Melrose, and Riverdale. With increased rental demand comes increased risk of disputes.
Key Points for Bronx Landlords
Eviction cases may move slower due to court congestion.
Non-payment cases often include repair disputes—maintenance records are crucial.
Lease enforcement matters: violations like illegal subletting or disruptive behavior must be documented thoroughly.
Bronx landlords should consider mediation before court when appropriate, but be prepared with evidence and documentation if legal action becomes necessary.
Manhattan (New York):
Manhattan has every type of property possible.
Key Points for Bronx Landlords
Eviction cases can move more quickly due to quick 1st court appearances
Non-payment cases often include high rents so it pays off to start the case early.
Lease enforcement matters: violations like illegal subletting or disruptive behavior must be documented thoroughly.
Manhattan landlords should start cases right away to avoid arrears increasing more and more.
Staten Island: Smaller Market, Unique Challenges
As NYC’s least densely populated borough, Staten Island offers a more suburban rental market with many owner-occupied properties and single-family homes.
Unique Staten Island Landlord Considerations
Non-payment cases may stem from economic hardship rather than conflict.
Holdover tenants are more common when informal agreements are made without written leases.
The Housing Court on Staten Island handles fewer cases, meaning longer scheduling delays.
Because of the smaller volume of cases, Staten Island landlords may find it easier to build a cooperative relationship with court staff and resolve disputes before escalation.
NYC Housing Courts: Borough-Specific Locations
Knowing where to file your case is key. Here are the court locations for Brooklyn, Queens, The Bronx, and Staten Island:
Kings County (Brooklyn) Housing Court
Address: 141 Livingston Street, Brooklyn, NY 11201
Phone: (347) 404-9201
Transit: Borough Hall (2, 3, 4, 5), Jay Street–MetroTech (A, C, F, R)
Queens County Housing Court
Address: 89-17 Sutphin Boulevard, Jamaica, NY 11435
Phone: (718) 262-7300
Transit: Sutphin Blvd–Archer Ave (E, J, Z)
Bronx County Housing Court
Address: 1118 Grand Concourse, Bronx, NY 10456
Phone: (718) 466-3000
Transit: 167th Street Station (B, D trains)
Richmond County (Staten Island) Housing Part
Address: 927 Castleton Avenue, Staten Island, NY 10310
Phone: (718) 675-8450
Transit: Local buses; limited subway access
The NYC Eviction Process: What Landlords Must Know
In New York City, eviction is a formal legal process. You cannot simply remove tenants—whether for non-payment or holdover—without going through Housing Court.
Key Steps in the Eviction Process
Serve Legal Notice:
14-Day Rent Demand for non-payment
30/60/90-Day Notices for holdover, depending on lease type
File a Petition in Housing Court
Attend Court:
Landlord and tenant both present evidence
Judge may encourage a settlement agreement
typically 2-5 court appearances on average
Warrant of Eviction:
If the ruling favors the landlord, a city marshal is authorized to remove the tenant
Physical Eviction:
Conducted by marshal only; “self-help” evictions (e.g., changing locks) are illegal
Preventive Measures: Avoiding Court Through Smart Landlord Practices
While legal action is sometimes necessary, proactive management can often prevent non-payment and holdover disputes from escalating.
1. Comprehensive Tenant Screening
Use background checks, credit reports, and income verification
Contact previous landlords to confirm rental history
2. Detailed Lease Agreements
Clearly outline rent due dates, late fees, guest policies, pet restrictions, and lease termination clauses
3. Consistent Inspections
Perform regular walkthroughs (with proper notice)
Keep a photo log of property condition
4. Prompt Communication
Respond to repair requests quickly
Keep written records of all conversations related to rent, maintenance, or violations
5. Offer Payment Plans or Mediation
Early intervention can prevent missed payments from turning into legal action
NYC's Office of Civil Justice offers free mediation for landlords and tenants
6. Stay Informed on Housing Law
NYC housing regulations are frequently updated
Attend local landlord seminars or subscribe to housing court updates
Final Thoughts: Being a Successful Landlord in NYC
Whether you own rental property in Brooklyn, Manhattan, Queens, The Bronx, or Staten Island, being a successful landlord in New York City means mastering legal compliance, communication, and recordkeeping.
The role of a landlord in Brooklyn, Manhattan, Queens, or anywhere in New York City is more than collecting rent—it's about understanding your legal boundaries, respecting tenant rights, and knowing when and how to act in the face of non-payment or holdover violations.
With NYC’s rental landscape continually evolving, staying compliant while protecting your investment requires vigilance, knowledge, and occasionally, legal support. Whether you're facing a holdover tenant in Queens or pursuing a non-payment eviction in Brooklyn, knowing your rights and obligations as a landlord will help you navigate the complexities of NYC housing law successfully.
If you need advice or need to start an eviction, call my office now to speak to an actual attorney to explain your options. 718-938-9732.
