Deciding between a Holdover and Nonpayment Petition

On January 5, 2012, in Landlord-Tenant, by John A. Weber IV, ESQ.

Holdover vs. Nonpayment Evictions

Deciding between holdover and nonpayment evictions.

Recently, we have had several situations arise where clients had to determine whether they would bring a Holdover vs. Nonpayment eviction against the tenant.  Now it is true that in most situations, there is really no choice.  The facts of the specific case dictate that there is only one option available.  It is not correct however to assume that there are never situations where a choice exists.  The final decision needs to be the result of strategic planning between attorney and client.

The one constant that must be taken into account when determining which type of action you will ultimately bring is the desired outcome.  The attorney’s job is to take the specific facts of the case and develop the plan to achieve the desired outcome.  Together, the attorney client team decides on the type of action to bring.   Together, they have taken into consideration the ultimate goals of the landlord, the governing laws, the trends of the court rulings, and the facts of the case.

As always, if you are having trouble deciding which type of action to bring, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!

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