Matter of Hauck v Heineman

Holding A summary nonpayment eviction proceeding is legally insufficient when the landlord has already terminated the month-to-month tenancy, as the proper remedy is a summary holdover proceeding. Because the petition failed to allege facts establishing that the tenants were holdovers, the judgment and warrant of eviction were vacated and the petition dismissed without prejudice.

The court’s words

petitioner's remedy [is] to evict on the ground of the tenant[s'] holding over after the scheduled termination

2026 NY Slip Op 04722, at the official text

action for nonpayment of rent, based on a notice purporting to fix a rent, never agreed upon by tenant[s] and never paid by tenant[s], does not lie

2026 NY Slip Op 04722, at the official text

petition here alleges no facts, even in the alternative, that would tend to establish that the tenancy had been terminated

2026 NY Slip Op 04722, at the official text