What is a holdover proceeding?
A “holdover” proceeding is a type of eviction. You don't have permission to stay any more, or you never had permission. The property owner or landlord is asking the court to order you to leave.
Your landlord must give you written notice before they file a holdover proceeding against you. The timing of the notice depends on your tenancy.
What is a tenancy?
A tenancy is the arrangement between the tenant and the landlord that allows the tenant to live in the property.
You are a tenant if you live in a property owned by someone else (the landlord) with their permission. This usually involves:
- A written or spoken agreement (lease) with the landlord
- Regular rent payments
- The right to live in the property without the landlord interfering
Types of holdovers and the notice required
Each type of holdover proceeding has different rules for how much notice your landlord must give you. Refer to the PDF to check your situation.
Last Reviewed: September 5, 2024