NYC tenant not paying rent: how to start a nonpayment proceeding.

Before you do anything: check if Good Cause Eviction Law applies

The New York Good Cause Eviction Law, effective April 2024, applies to most market-rate residential rental units statewide that are not otherwise rent-regulated. Under this law, a tenant may have a defense to a nonpayment eviction if the landlord imposed an unreasonable rent increase — generally defined as above the Consumer Price Index plus 5 percent. If Good Cause applies to your unit and you have raised the rent significantly in the past year, consult an attorney before filing.

Step 1 — Serve the 14-day rent demand

Under RPAPL § 711(2) as amended by HSTPA, the landlord must serve a written 14-day rent demand before filing any nonpayment petition. The demand must:

• Be in writing — oral demands are not valid
• State the exact dollar amount of rent owed — rent only, no late fees, no legal fees, no other charges
• Identify the specific rental period for which rent is owed (e.g. 'January through March 2026')
• State that if rent is not paid within 14 days, the landlord will commence a nonpayment proceeding
• Be served using the same service methods required for the petition — RPAPL § 735

Service methods under RPAPL § 735: personal delivery to the tenant; substituted service — leaving with a person of suitable age and discretion at the premises plus mailing a copy; or nail-and-mail — affixing to the door plus mailing, when the other methods cannot be used after reasonable attempt. The nycourts.gov DIY program provides a free form for the 14-day rent demand.

Step 2 — Wait 14 days

If the tenant pays the full amount demanded within 14 days, the landlord must accept payment and cannot proceed — the nonpayment grounds are cured. If the tenant pays only part of the amount, the landlord may still proceed for the unpaid balance. If no payment is made, proceed to filing.

Important: under RPL § 235-e(d), if you have not previously sent the tenant a written notice by certified mail within 5 days of the rent due date notifying them that rent was not received, the tenant may raise this as an affirmative defense. If you have not been sending these notices routinely, address this issue with an attorney before filing.

Step 3 — File the nonpayment petition in Housing Court

File a Notice of Petition and Petition in the Housing Court of the borough where the apartment is located. The filing fee is $45. You can use the free DIY Nonpayment Petition program at nycourts.gov/courthelp to prepare the papers.

Step 4 — Have papers served on the tenant

After filing, the Notice of Petition must be served on the tenant using RPAPL § 735 methods. You cannot serve the papers yourself — use a process server (typically $50–125) or another adult over 18 not involved in the case. The server must complete an Affidavit of Service, which you file with the court.

Step 5 — First court date and Right to Counsel

NYC's Right to Counsel program (Local Law 136 of 2017) provides free legal representation to tenants at or below 200 percent of the federal poverty level in Housing Court proceedings. This means many tenants in NYC nonpayment cases now appear with an attorney — and self-represented landlords face experienced tenant-side lawyers. This has substantially lengthened typical case timelines and increased the importance of clean paperwork on the landlord side.

The first court date is typically set 10–17 days after service of the petition. Cases go first to the Resolution Part where a court attorney facilitates settlement discussions. Many nonpayment cases settle here through a stipulation — an agreed payment schedule or move-out date. Cases that do not settle proceed to trial.

1. 1

   Check Good Cause Eviction Law applicability

   Determine if your unit is subject to the Good Cause Eviction Law (effective April 2024). If covered and you raised rent significantly recently, consult an attorney before proceeding.

   New requirement as of 2024
2. 2

   Serve 14-Day Rent Demand

   Written demand only — no oral demands. Exact rent amount, specific period, RPAPL § 735 service. Use free DIY form at nycourts.gov/courthelp.

   RPAPL § 711(2) — mandatory predicate
3. 3

   Wait 14 days

   If tenant pays in full: accept and close. If tenant pays partial: you may proceed for unpaid balance. If no payment: proceed to filing.

   Full payment renders case moot — RPAPL § 731(4)
4. 4

   File Notice of Petition and Petition in Housing Court

   File in the borough where the apartment is located. $45 filing fee. Use free DIY Nonpayment Petition program at nycourts.gov/courthelp.

   RPAPL §§ 731, 741
5. 5

   Have papers served by process server

   Cannot serve yourself. Process server: $50–125. Must complete Affidavit of Service. File affidavit with the court.

   RPAPL § 735
6. 6

   Appear on first court date — Resolution Part

   Bring all documentation: 14-day demand, affidavit of service, lease, rent ledger. Many cases settle via stipulation. Expect tenant to have an attorney under Right to Counsel.

   10–17 days after service
7. 7

   Obtain Warrant of Eviction if case proceeds

   After judgment, court issues Warrant of Eviction. Under RPAPL § 749, marshal must serve warrant and wait 14 days before executing. Marshal fees: approximately $135–200.

   14-day minimum wait — RPAPL § 749

What makes NYC nonpayment cases get dismissed

• Defective 14-day demand — overstating the amount (including fees), wrong rental period, improper service
• Filing before the 14-day period expires
• Demanding fees, late charges, or legal fees in the petition — only rent is recoverable under RPAPL § 702
• Serving the petition yourself instead of using a process server
• Filing in the wrong borough — must file in the borough where the apartment is physically located
• Failure to comply with RPL § 235-e certified mail notice requirement
• Accepting partial payment without proper reservation of rights
• Rent-stabilized unit with registration violations — can be raised as defense

How long does a NYC nonpayment case take?

For an uncontested case where the tenant defaults and does not appear: expect 6–10 weeks from serving the 14-day demand to Warrant of Eviction execution. For a contested case — where the tenant appears, has an attorney, and raises defenses — plan for 3–6 months or longer, particularly in Bronx and Brooklyn Housing Court which have the highest caseloads. The mandatory 14-day wait after the Warrant of Eviction is served (under RPAPL § 749) adds additional time at the end of every case regardless of how quickly it moves through court.

When to consult a NYC attorney

• The unit is rent-stabilized or rent-controlled — additional DHCR requirements may apply
• You have raised the rent by more than CPI + 5% recently and Good Cause may apply
• The tenant has filed an HPD complaint or raised habitability defenses
• The tenant has been in the apartment for many years and has succession rights claims
• The case involves a commercial or mixed-use space
• You are a corporation or LLC — a non-attorney cannot represent an entity in Housing Court