When a tenant stops paying rent, it’s natural for landlords to want fast action. But in New York, non-payment eviction cases follow a very specific legal process. Missing even one required step can lead to delays, dismissal, or loss of rent. Understanding each stage helps landlords stay compliant and improves the chances of a successful outcome.
Step 1: Confirm the Amount Owed
Before starting any eviction, landlords must verify the exact rent arrears—including the month, amount, and any credits. Courts expect accuracy. Mistakes in the rent ledger can weaken your case and open the door for tenant defenses.
Step 2: Serve a Proper 14-Day Rent Demand
A non-payment case cannot begin without a legally compliant 14-day rent demand. This notice must:
- State the precise amount of rent owed
- Demand payment within 14 days
- Warn that failure to pay may result in eviction
- Be served using the proper legal delivery methods
If the rent demand is missing details or served incorrectly, the entire case may be dismissed.
Step 3: Wait the Full 14 Days
Landlords must wait the entire 14-day period before filing in court. Filing too soon is one of the most common—and costly—mistakes landlords make. The clock begins only after proper service.
Step 4: File the Petition and Notice of Petition
If no payment is made, the landlord may file a non-payment petition with the Housing Court. These documents must also be served correctly. The court will then schedule an initial appearance, often called a “return date.”
Step 5: Appear in Court
At the court date, both sides present their arguments. If the tenant pays all outstanding rent, the case typically ends. If they do not, the case may continue to trial or settlement.
Step 6: Obtain a Judgment and Warrant
If the landlord prevails, the judge issues a judgment for possession and a warrant of eviction. Only a city marshal—not the landlord—may carry out the eviction.
Final Thoughts
Non-payment cases are technical and time-sensitive. Landlords who follow each step carefully—and avoid shortcuts—have the best chance of a smooth, compliant eviction. When in doubt, work closely with a landlord-tenant attorney to protect your rights and avoid costly setbacks.
This post was written by a professional at Siddiqi Law Group PC. Siddiqi Law Group PC is a trusted real estate and landlord-tenant law firm in New York, serving Queens, Brooklyn, and the Bronx. With over 40 years of combined experience, our landlord lawyers and tenant eviction attorneys handle holdover and non-payment cases, building violations, fire code issues, deed transfers, and real estate closings. Whether you’re a property owner or tenant, our team provides clear guidance and efficient representation. Contact Siddiqi Law Group PC for an experienced landlord lawyer NYC you can trust. Click here to learn more!
