Starting a Nonpayment Case Inside NYC

If the tenant is not paying their rent, the landlord can start a nonpayment case in housing court to collect the unpaid rent. If the tenant does not pay the rent, the landlord can ask the court to evict the tenant.

If someone has lived in a home for at least 30 days (with or without a lease), you can’t change the locks and throw the tenant out without coming to court. This is called an illegal eviction and is a misdemeanor. See RPAPL 768.

 

Starting a Nonpayment Case

The information in this section is only for cases where the tenant has not moved out and owes you rent. If the tenant has left the home and has given you back the keys or has let you know in writing that they are not returning to the home, then you cannot start the case in housing court, you must start a civil or Small Claims case.

The person who starts the case is known as the petitioner. A person who owns the property and is listed on the deed can be the petitioner. If there is more than one owner of the property, only one person needs to be listed as the petitioner. The petitioner has to come to court. Other people, like a friend or relative, cannot be the petitioner instead of you

The person who answers the petition is known as the respondent. This is usually the tenant.

You have to list all the adults that are 18 years-old or older on the Notice of Petition and Petition. If you don’t know the name of someone living in the home, you can list that person as J. Doe, John Doe, or Jane Doe.

Before starting a non-payment case, you must serve the tenant with a 14-day Rent Demand Notice. This notice tells the tenant that you want the rent and warns them that you can start a non-payment case to evict them if they do not pay the rent. The rent demand must include the months and amounts of rent the tenant owes. Read Before Starting A Case to learn more.

The rent demand must be delivered to the tenant the same way that the Notice of Petition and Petition must be delivered. Read RPAPL 735. There is a free DIY (Do-It-Yourself) Form program to help you prepare a 14-Day Written Rent Demand.

If the tenant does not pay the past due rent after the 14-day rent demand has been served, you may start a nonpayment case by filing court papers called a Notice of Petition and Petition.

You must start the case in the county where the property is located. For example, if the property is in Brooklyn, the case must be started in Kings County Housing Court. If the property is in Manhattan, the case must be started in New York County Housing Court.

The papers have the date, time and place (courtroom or Part) when you and the tenant have to come to court.

Use the Court Locator box on this page to find the address and other useful information about the court.

There is a filing fee required to start the case. See Court fees.

If you think you cannot afford to pay the fee you may apply for a Fee Waiver. The judge will review your form to determine if you qualify.

 

Step 1- Forms Needed

• The 14-Day Rent Demand Notice warns the tenant that you want the rent and tells the tenant that if they do not pay the rent, you can start a nonpayment case and the tenant can be evicted.
• The Affidavit of Service of the 14-Day Rent Demand Notice must be signed before a notary and tells the court how the 14-Day Rent Demand Notice was served on the tenant(s).
• The Notice of Petition lets the tenant(s) know that a case has been filed against them and what steps the tenant should take.
• The Petition must state what you are asking the Court to grant, namely, to evict the tenant because the tenant did not pay the rent.
• When file the Petition, you must also submit a stamped Postcard to the clerk. The postcard must contain language in English and Spanish that warns the tenant a case has been filed against them and that they must appear in court or will face possible eviction. The court will send the postcard to the tenant.

 

DIY (Do-It-Yourself) Forms Program

Landlords who do not have a lawyer can use the NYS Courts’ Access to Justice Program free and easyDIY (Do-It-Yourself) Forms Program to create a 14-day Demand Notice, A Notice of Petition, and Petition that is ready to print, serve and file. The service is only available to landlords who:

• own a one- or two-family house, or
• a building with fewer than five apartments, or
• a co-op or condo and
• the housing is not rent controlled, rent stabilized or section 8.

Landlords can also buy a Notice of Petition and Petition, Service Copies, Postcard, and Affidavit of Service at a legal stationery store.

 

Step 2- Filing the Needed Forms

1. After completing the Notice of Petition and Petition, you have to sign them in front of a notary and then bring them to the Court.
2. Remember to make copies of the papers.
3. Then bring the forms that are described in Step 1 and the completed Program User Survey (if you used the DIY program) to the Cashier’s Window in the Landlord & Tenant Clerk’s Office in the county where the property is located to buy an index number.
   • Payment may be made by cash, certified check or money order payable to the "Clerk of the Civil Court." Go to the Court Locator Box to find the address of the housing court in your county. Refer to Court Fees to find out the cost of starting the case.
4. You will have to choose a court date. The date will depend on when you will be able to deliver the papers to the tenant. The Clerk can help you choose a date. The court date must be between 10 and 17 days after you finish serving the tenant. Make sure you choose a date when you know you can come to court.
5. The Clerk will accept and review the papers:
   • to make sure they are signed,
   • to confirm that the property is in the County where you are filing, and
   • to confirm that there is a verification

If the clerk determines that the information is correct, the Clerk will accept the money, date, and sign the Notice of Petition at the bottom (this is called ‘issuing” the Notice of Petition) and stamp the index number on the original forms. The Clerk will keep the copy of the Petition and return the Original Notice of Petition.

 

Step 3- Organizing the Forms (Paperwork)to Serve

1. After the Clerk returns the original Notice of Petition, you should arrange the papers in the following order:
   • the Notice of Petition (this should be on top)
   • the Petition,
   • the Information on Answering a Notice of Petition and Petition, and
   • the rent demand and affidavit of service
2. Use the original Notice of Petition you received from the Clerk to fill in the Index No. on the copies of the Notice of Petition and Petition.
3. In the signature space, write in "/s/" followed by the name of the Clerk of the Civil Court as it appears in the original Notice of Petition.
4. Make a copy of the packet for the tenant and for every adult 18 years-old or older who lives in the home.
5. Keep the original Notice of Petition separate from the copies. The papers are now ready to be delivered to the tenant(s) and all adults 18 years-old or older who live in the home.
6. You must make sure the tenant receives a copy of the Notice of Petition and Petition in the manner required by law (this is called serving the papers).

 

Step 4- Serving the Forms (Paperwork)

The petitioner must make sure that the papers are given to the tenant (and all adults living in the home) the right way, the way the law requires. You can’t deliver the papers. This is called service of papers. If the respondent (tenant) is not served the right way, the Judge may make you start all over again.

Go to How Legal Papers are Delivered to learn the steps that must be followed.

After the court papers have been served, you must bring back the original Notice of Petition and the Affidavit of Service to the Clerk’s Office within 3 days of the mailing or hand delivery of the papers.

 

Step 5- After Serving the Notice of Petition and Petition

Tenants may respond to a nonpayment petition by filing an answer form with the Clerk of the Court.

The clerk’s office will send you a copy of the answer with the date, time and courtroom where the case will be heard.

If the tenant pays all the rent owed before the first scheduled court date, the case must end.

 

What to do if the tenant files an Answer?

You must appear in court on the date and time indicated on the Answer. Use the Court Locator box to find contact information for the courthouse in your county. Plan to arrive early to go through security before entering the courthouse.

 

What to do if the tenant does not file an Answer

The tenant/respondent has 10 days to file an answer with the court. If the tenant does not file an answer, you can contact a NYC Marshal to begin the process of applying for a judgment of eviction. This is known as a default judgment.

The Marshal will then submit an application for the judgment along with a request for a warrant of eviction to the court.

 

Step 6- Court Appearance

All parties must appear in the courtroom on the date and time given by the Clerk. Arrive early to go through security before entering the courthouse.

Use the Court Locator box to find contact information for the courthouse in your county.

 

Step 7- Papers to Bring to Court

Bring proof of the rent amount and rent payments, including:

• lease and lease renewals
• records of rent payments (money orders, cancelled checks or bank statements)
• agreements by the tenant to pay for improvements
• copies of rent increases from government agencies
• multiple dwelling registration (if the building is a multiple dwelling)
• deed

 

What happens in Court?

All cases start in the Resolution Part. If the tenant does not come to court, the landlord will have a chance to prove their case at an inquest.

If both sides appear in Court, they may agree to settle the case, or if the case cannot be settled the case will be sent to a Trial Part.

If the case goes trial, the judge in the Trial Part will listen to all sworn testimony, review evidence and render a decision.