If you are a landlord in New York and a tenant has stopped paying rent, you cannot simply change the locks or remove their belongings. New York law requires you to go through Housing Court, specifically by filing what is called a nonpayment proceeding. Understanding how this process works, and what steps must be taken in the right order, is essential. A procedural misstep can result in your case being dismissed and force you to start all over again.
Step 1: The 5-Day Rent Reminder
Before a landlord can serve a formal rent demand, New York Real Property Law § 235-e(d) requires that a written rent reminder be provided to the tenant no later than five days after rent becomes due.
This is a relatively recent addition to New York law, and many landlords are unaware of it. While failure to provide the reminder is an affirmative defense a tenant can raise in Housing Court, it does not automatically dismiss your case, but it is a best practice to comply.
Step 2: The 14-Day Rent Demand
The most critical predicate notice in a nonpayment proceeding is the 14-day written rent demand, required under RPAPL § 711(2). This notice must be served on the tenant in the same manner as a Notice of Petition, meaning it must be delivered via personal service, substituted service, or conspicuous service, commonly called nail and mail, as set out in RPAPL § 735.
The demand must identify the amount of rent owed, the period it covers, and state that the tenant must either pay or surrender possession within 14 days. Courts have held that the demand must provide a good-faith approximation of the rent owed with a month-by-month breakdown. An inaccurate or improperly served demand is one of the most common reasons nonpayment petitions get dismissed.
If the tenant pays all rent owed after the demand but before you file in court, you cannot proceed. If they pay before a judgment is entered, the case must be discontinued.
Step 3: Filing the Petition and Notice of Petition
If the 14 days pass and the tenant has not paid or vacated, you may file a nonpayment proceeding in the Housing Court located in the county where the property is situated. The filing consists of a Notice of Petition and a Petition, which set out the parties, the premises, the amount owed, and the legal basis for the proceeding.
In New York City, nonpayment cases are governed by RPAPL § 732, which requires the tenant to appear at the clerk’s office to file an answer, typically within 10 to 20 days of service of the petition.
The multiple dwelling registration for the property must also be current and on file. Courts have dismissed petitions where the registration was lapsed.
Step 4: Service of the Court Papers
Service of the Notice of Petition and Petition must comply strictly with RPAPL § 735. You cannot serve the papers yourself. A person over the age of 18 who is not a party to the case must perform service.
Service methods include personal delivery, substituted service on a person of suitable age at the premises, or conspicuous placement by posting on the door, followed by mailing. Each service method has its own rules that must be followed for service to be completed properly. An Affidavit of Service must be filed with the court.
Errors in service are routinely challenged by tenants through a traverse hearing, where the court evaluates whether service was properly performed. If the court finds service was defective, your case can be dismissed.
Step 5: The Court Date — Settlement or Trial
Most nonpayment proceedings in New York Housing Court are resolved through a settlement. Common outcomes include a payment plan allowing the tenant to pay arrears over time while remaining in the apartment, a consent to a judgment with a stay of execution, or an agreement to vacate by a certain date.
If the case does not settle, it proceeds to trial. Either side may request a jury trial unless the lease expressly waives that right, although bench trials before a judge are more common. Under RPAPL § 745, courts are now required to conduct specific inquiries when one of the parties is unrepresented.
Step 6: Judgment and Warrant of Eviction
If the landlord prevails at trial or the tenant defaults, the court issues a judgment of possession and, upon application, a warrant of eviction. The warrant authorizes a marshal, sheriff, or constable to remove the tenant from the premises. Under RPAPL § 749, the warrant must be served at least 14 days before the marshal can execute it.
Importantly, a tenant may still stop an eviction by paying all rent owed at any point before the marshal executes the warrant. This right to cure a nonpayment case through full payment was reinforced by the Housing Stability and Tenant Protection Act of 2019.
Common Reasons Nonpayment Cases Get Dismissed
- Improper or defective service of the 14-day rent demand
- Failure to register the building with the multiple dwelling registry
- Failure to serve the Notice of Petition and Petition in compliance with RPAPL § 735
- Accepting rent after the demand is served, which can be construed as a waiver
The Bottom Line for New York Landlords
A nonpayment proceeding in New York is procedurally demanding. Deadlines are strict, service requirements are exacting, and tenants with counsel will use any procedural defect to their advantage.
Mirzakanov Law represents landlords in nonpayment proceedings throughout New York City and Nassau County. If a tenant has stopped paying rent, call (212) 400-9285 or contact us online for a free consultation. Consultations available in English, Hebrew, and Russian.