For a New York landlord facing one or more nonpaying tenants, the path to recovering possession of a unit and unpaid rent runs through Housing Court. The system has changed substantially since the 2019 Housing Stability and Tenant Protection Act, the 2020–2022 pandemic-era eviction moratoria, and the 2024 Good Cause Eviction Law. Many landlords who last brought a nonpayment proceeding before 2019 — or who relied on form templates that have not been updated — are now finding their petitions dismissed on procedural grounds before the case even reaches a merits determination.
This guide explains the nonpayment proceeding process under New York law from a landlord’s perspective — what the predicate notice requires, how to file the petition, how service must be effected, what to expect at the first court appearance, how stipulations work, and the realistic timeline from filing to recovery of possession. It is written by a New York landlord-tenant attorney handling real estate matters in NYC Housing Court and across the surrounding counties. It is not legal advice; the specific facts of any nonpayment situation should be reviewed with counsel.
New York’s Housing Court is among the most landlord-unfriendly forums in the United States, particularly after HSTPA and Good Cause Eviction. Nonpayment cases that would have moved through court in 90 days in 2018 routinely take 9–18 months in 2026. This is not a guide to fast or easy outcomes — it is a guide to navigating the actual system as it operates today.
Nonpayment vs. Holdover: Choosing the Right Proceeding
Before filing anything in Housing Court, a landlord must decide which type of summary proceeding applies. The two main categories are nonpayment proceedings and holdover proceedings, and they have different predicate notice requirements, different elements of proof, and different available remedies.
Nonpayment Proceedings (RPAPL § 711(2))
A nonpayment proceeding under RPAPL § 711(2) is appropriate when the tenant is in possession under a valid lease or month-to-month tenancy, rent is due and unpaid, and the landlord seeks both possession of the unit and a money judgment for the unpaid rent. This is the proceeding most real estate owners encounter when a tenant stops paying.
Holdover Proceedings
A holdover proceeding is appropriate when the lease has expired and the tenant remains in possession, or when the tenancy has been terminated for cause (lease violation, nuisance, illegal use). In a holdover, the landlord seeks possession only — a money judgment for use and occupancy may or may not be available depending on the circumstances and the court’s discretion.
When the Choice Matters
Most landlords in a typical month-to-month or lease-bound rental relationship facing unpaid rent will file a nonpayment proceeding. But subtleties matter. A tenant whose lease has expired and who is also behind on rent presents a strategic choice — nonpayment or holdover, each with different procedural requirements. A rent-stabilized tenant who is in default on rent is still a nonpayment case, but the regulatory framework adds layers. A tenant who has been issued repeated 14-day demands without cure may be a candidate for a holdover proceeding based on chronic nonpayment, but the standard is high.
For most readers of this guide, the relevant proceeding is the nonpayment proceeding under RPAPL § 711(2).
The 14-Day Rent Demand: The Predicate Notice Every Landlord Must Get Right
Under Real Property Law § 235-e and RPAPL § 711(2) as amended by HSTPA, a landlord must serve a 14-day written rent demand on the tenant before commencing a nonpayment proceeding. This requirement replaced the prior 3-day demand. The 14-day demand is the single most-litigated procedural issue in New York nonpayment proceedings — and the most common basis for petition dismissals.
What the 14-Day Demand Must Contain
The notice must be in writing (the prior oral demand option was eliminated by HSTPA), demand payment of rent specifically alleged to be due, specify the amount of rent claimed, give the tenant 14 days to pay or be subject to eviction proceedings, and identify the months for which rent is claimed and the amount due for each month. The demand must be served by one of the methods authorized under RPAPL § 735.
Common Mistakes That Get Petitions Dismissed
Housing Court judges in NYC routinely dismiss nonpayment petitions for predicate notice defects. The most common include:
- Demanding rent for periods barred by the 6-year statute of limitations under CPLR § 213(2)
- Demanding late fees or other non-rent charges as if they were rent — under post-HSTPA law, only base rent is recoverable in a nonpayment proceeding
- Demanding rent at an inflated amount not supported by the lease or regulatory maximum
- Failing to itemize the months for which rent is claimed
- Improper service of the demand (most common dismissal ground)
- Pre-dating the demand (demanding rent that becomes due in the future)
- Filing the petition before the full 14-day period has expired
Many of these defects are not curable mid-case. The petition is dismissed, the landlord must serve a new 14-day demand and re-file, and three to four months of process time is lost. Do not include late fees in the 14-day rent demand. They are not recoverable in a summary nonpayment proceeding.
Service of the 14-Day Demand
Under RPAPL § 735, service of the rent demand may be made by personal delivery to the tenant, substituted service on a person of suitable age and discretion at the premises followed by mailing, or “nail and mail” — affixing to a conspicuous part of the premises and mailing — only after diligent efforts at personal and substituted service. The affidavit of service must be detailed and accurate. Service defects are a top dismissal ground.
Most landlord-tenant attorneys engage a licensed process server for both the rent demand and the petition. The modest cost of professional service is far less than the cost of a dismissed petition due to a service defect that a pro se landlord could have avoided.
Filing the Nonpayment Petition
Once 14 days have elapsed without full payment, the landlord may file a nonpayment petition and notice of petition in Housing Court.
Where to File
Nonpayment proceedings are filed in the Housing Part of the New York City Civil Court for cases in the five boroughs — Manhattan, Brooklyn, Queens, the Bronx, and Staten Island each have a Housing Court. Cases involving rental property in surrounding counties are filed in the District Court (Nassau, Suffolk) or the City Court of the relevant city (Yonkers, Mount Vernon, New Rochelle, White Plains, and others). Each forum has its own local rules and assignment procedures.
What the Petition Must Include
The petition must identify the landlord (the named petitioner must have legal standing — typically the owner of record, or a managing agent properly authorized), identify the tenant by name including all named tenants on the lease, describe the premises with sufficient specificity (street address, apartment number, building name if applicable), state the basis for the proceeding (RPAPL § 711(2) — failure to pay rent), allege the 14-day rent demand was properly served with the affidavit of service attached, and itemize the rent claimed by month and amount.
The petition must also allege the regulatory status of the unit — whether rent-stabilized, rent-controlled, unregulated, NYCHA, Section 8, or another regulatory category. The 2024 Good Cause Eviction Law has made this allegation more important than it was pre-2024, because the regulatory status determines which procedural requirements apply and which defenses the tenant may raise.
Filing Fees and Index Numbers
The filing fee for a Civil Court nonpayment proceeding in NYC is currently $45 (verify at nycourts.gov before filing). The court issues an index number and assigns a return date. In surrounding counties, filing fees and procedures vary by court.
The Notice of Petition
The Notice of Petition is the document served on the tenant informing them of the date, time, and location of the first appearance. The Notice of Petition is served along with the petition and the supporting affidavit of service for the rent demand.
Service of the Petition: The Most Litigated Issue After the Rent Demand
Under RPAPL § 735, the petition and notice of petition must be served between 10 and 17 days before the return date. The same three service methods apply (personal, substituted with mailing, conspicuous service with mailing), but the service of the petition is even more heavily litigated than the rent demand, because procedural defects here are also typically fatal to the proceeding.
Service may be made by a licensed process server, a sheriff, or any person not a party to the proceeding over age 18. Housing Court judges in NYC apply the “reasonable application” standard for conspicuous (“nail and mail”) service strictly — the process server must demonstrate genuine attempts at personal and substituted service before resorting to conspicuous service. The mailing requirement includes both certified mail and regular first-class mail addressed to the tenant at the premises and at any other known address.
Common service defects that result in dismissal include missing certified mailing, incorrect address on mailing, generic statements of “diligent efforts” without specific factual detail, service on the wrong day (outside the 10-17 day window), and service by an interested party.
The First Appearance and Court Conferences
In NYC Housing Court, the first appearance on a nonpayment petition is typically scheduled 10–17 days after service. What happens on that date depends on whether the tenant appears, whether the tenant is represented by counsel, and the local part’s calendar.
If the Tenant Does Not Appear
If the tenant fails to appear, the landlord may seek a default judgment. Under recent OCA administrative orders and Servicemembers Civil Relief Act compliance requirements, even default judgments require a Soldiers and Sailors Civil Relief Act affidavit confirming the tenant is not in active military service, proof of proper service of the rent demand and petition, and in many courts a judicial inquest before issuance of the judgment and warrant. Default judgments in nonpayment proceedings are no longer ministerial. Many parts of Housing Court schedule a default inquest hearing 30–60 days out before granting judgment.
If the Tenant Appears Pro Se
The tenant will typically be referred to the court’s Help Center or to a free legal services provider. Many NYC Housing Court parts have implemented the Right to Counsel for low-income tenants, which means most tenants in eligible zip codes will be assigned counsel before the merits are reached. The landlord should expect the case to be adjourned for the tenant to obtain counsel — adjournments of 60 to 120 days for this purpose are common.
If the Tenant Appears with Counsel
Tenant counsel will typically examine the predicate notice for defects, examine the petition for defects, examine the affidavit of service for defects, raise affirmative defenses (warranty of habitability, retaliation, regulatory defenses), counterclaim where appropriate, and negotiate a stipulation. Most NYC nonpayment proceedings resolve by stipulation rather than trial. Landlord counsel should be prepared to defend the procedural integrity of the filing from the first appearance forward.
Stipulations: How Most Nonpayment Cases Actually Resolve
A stipulation is a written settlement agreement entered on the court record. In NYC Housing Court, the vast majority of nonpayment proceedings are resolved by stipulation, not by trial or default.
A typical “pay and stay” stipulation provides that the tenant agrees to a judgment for a sum certain (the rent arrears), the tenant agrees to pay the arrears over a defined schedule (often 30–90 days, sometimes longer), the landlord agrees that the warrant of eviction will be stayed so long as the tenant complies with the payment schedule, a breach mechanism provides that if the tenant misses a scheduled payment the landlord may move to execute the warrant on shortened notice, and the tenant agrees to remain current on prospective rent.
Stipulations are heavily negotiated. Landlord counsel typically pushes for shorter payment periods, sharper breach mechanisms, and clearer prospective rent obligations. Tenant counsel pushes for longer payment periods, broader breach standards, and maximum protection for the tenant’s possession. The stipulation is enforceable as a court order. A breach allows the landlord to move quickly to execute the warrant, often by simple motion rather than re-filing.
An experienced NYC landlord-tenant attorney can substantially improve stipulation terms — the difference between a 30-day payment schedule with a five-day breach trigger and a 120-day schedule with a 15-day cure period represents months of difference in the landlord’s actual recovery timeline.
Judgment, Warrant of Eviction, and Execution
After judgment is entered — whether by stipulation, default, or trial — the landlord obtains a warrant of eviction under RPAPL § 749. The warrant authorizes the New York City Marshal (in NYC) or the sheriff (in surrounding counties) to remove the tenant and restore possession to the landlord.
The 14-Day Notice of Eviction
Before executing the warrant, the marshal must serve a 14-day Notice of Eviction on the tenant. The notice gives the tenant a final opportunity to pay the judgment in full (a “pay and stay”) or to move out voluntarily. This 14-day period is separate from and in addition to the 14-day rent demand that initiated the proceeding.
The Marshal’s Fee Schedule
In NYC, marshals are independent officers compensated by statutory fees and poundage. Typical fees for a residential nonpayment eviction include the warrant pickup fee, the legal possession fee, and mileage. These fees are the landlord’s responsibility upfront, though they are typically recoverable as part of the judgment. Verify current rates with the relevant marshal’s office before filing.
Eviction Day
On the scheduled date, the marshal arrives at the premises and either effects legal possession (the tenant has vacated and the marshal restores keys to the landlord) or forcibly removes the tenant if they have not vacated (requiring landlord-provided labor for removal of belongings and typically a locksmith). Tenants frequently file last-minute orders to show cause seeking to vacate the judgment or stay the warrant. Many of these are granted on terms, typically requiring deposit of a specified sum into court. The case can be re-opened weeks or months after the warrant has issued.
Realistic Timelines: What to Expect from Filing to Possession
Landlords who have not brought a nonpayment proceeding since 2019 are often surprised by how long the current process takes. The combination of HSTPA, ongoing court backlogs, the Right to Counsel program, and Good Cause Eviction has produced timelines that bear little resemblance to the pre-2019 system.
A realistic timeline for a contested NYC nonpayment proceeding in 2026:
- 14-day rent demand served, time runs: 14–21 days
- Petition prepared and filed: 1–2 weeks after demand period
- Service of petition: 1–2 weeks
- First appearance: 30–45 days after filing
- Adjournments for tenant to obtain counsel: 60–120 days
- Conference and stipulation negotiation: 30–90 days
- Judgment and warrant issuance: 30–60 days after stipulation breach or trial
- Marshal scheduling and 14-day notice: 30–60 days
- Eviction or voluntary vacatur: variable
Total: 9–18 months for a contested case from initial demand to recovery of possession. Uncontested cases (true defaults with no tenant appearance) move faster but still typically take 4–6 months.
Landlords who are budgeting based on pre-2019 timelines — 60 to 90 days from filing to eviction — are budgeting for a different system. The current realistic floor for a contested nonpayment case in NYC is 9 months. Plan accordingly.
Good Cause Eviction Law: What Landlords Need to Know
Effective April 20, 2024, New York’s Good Cause Eviction Law (Real Property Law Article 6-A) added substantial new obligations for many landlords. The law primarily affects market-rate rental units in New York City and in opt-in municipalities outside the city. Even in pure nonpayment cases, Good Cause changes the procedural landscape.
The law’s key provisions include coverage of most market-rate residential rental units in NYC (with exemptions for owner-occupied buildings of fewer than 11 units, units priced above the local exemption threshold, and certain other categories), a “good cause” requirement for non-renewal and eviction in covered units, rent increase limitations in covered units, and procedural notice requirements at lease commencement and renewal.
For nonpayment cases specifically, nonpayment of rent is itself a “good cause” ground — but the landlord may need to plead and prove the Good Cause status of the unit and the basis for the proceeding with more specificity than was required pre-2024. The current state of litigation testing the law’s constitutionality and scope means that coverage determinations are actively evolving. Landlords who own units potentially covered by the Good Cause Eviction Law should consult counsel about its application before commencing any Housing Court proceeding.
When to Hire a New York Landlord-Tenant Attorney
Not every nonpayment situation requires immediate counsel. Many landlords serve a 14-day demand themselves, the tenant pays, and the matter resolves without a court filing. But once the demand goes unheeded and a court filing becomes necessary, the procedural complexity of the current system makes experienced counsel a sound investment.
Counsel becomes particularly valuable when the tenant has not responded to the 14-day demand and a petition needs to be filed, the tenant has counterclaimed or asserted habitability defenses, the unit is rent-stabilized or rent-controlled, the unit is potentially covered by the Good Cause Eviction Law, the tenant has a stipulation in place that is being breached, prior procedural defects exist that need to be corrected, the landlord-tenant relationship is complicated by allegations of harassment or retaliation, the case has been pending more than 6 months and is not moving, or a warrant of eviction has been issued but the tenant is filing successive orders to show cause.
Under CPLR § 321, LLCs and corporations must appear through counsel in New York courts — a pro se petition filed by an LLC will be dismissed regardless of its merits. Individual landlords may technically appear pro se, but the procedural traps in the current system — 14-day demand defects, service defects, Good Cause pleading requirements — make pro se filing unwise even for sophisticated landlords. The cost of a dismissed petition is typically 3–4 months of additional rent arrears plus the cost of refiling.
Yazdi Law’s landlord-tenant practice handles nonpayment and holdover proceedings throughout the five boroughs. For an overview of the firm’s real estate practice, including residential closings and landlord representation, see our practice pages or contact the firm directly.
