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Nacmias Law Firm, PLLC

Landlord-Tenant

Non-Payment Eviction Proceedings

Representation in NYC nonpayment eviction proceedings — when a landlord seeks back rent and possession from a tenant who has defaulted on rent.

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Overview

What you need to know about Non-Payment Eviction Proceedings.

The basics, what we do, and the issues we see most.

What is a NYC nonpayment proceeding, and how is it resolved?

Quick Answer

A nonpayment proceeding is the most common Housing Court case — brought when a tenant defaults on rent. Predicate is a 14-day rent demand under RPAPL § 711(2). Cases focus on the rent ledger and most often resolve by stipulation (payment plan). Common defenses include warranty-of-habitability, overcharge, and improperly served rent demand.

Services we offer for Non-Payment Eviction Proceedings.

Nonpayment cases turn on the rent ledger — accuracy and proper service of the 14-day demand are everything. Here's what we do for both landlords pursuing back rent and tenants facing the petition.

  • Review the 14-day rent demand for proper service, content, and rent-amount accuracy
  • Audit the rent ledger for improper charges, late fees not in the lease, or stabilization overcharges
  • Assert warranty-of-habitability defenses (heat, hot water, mold, vermin, structural conditions) under RPL § 235-b
  • Negotiate payment plans and stipulations of settlement (typical: tenant catches up over 6-12 months while staying current)
  • File HP actions in Housing Court to require landlord repairs as leverage in the nonpayment case
  • File Orders to Show Cause to stay warrants of eviction for hardship
  • Try contested nonpayment proceedings when settlement isn't workable

Scenarios we see most.

  • Verifying the 14-day rent demand was properly served (personal, substituted, or affix-and-mail)
  • Rent ledger accuracy disputes — late fees, attorney fees, security-deposit interest
  • Warranty-of-habitability defenses (heat, hot water, mold, vermin, structural)
  • Rent-stabilization overcharge claims and rent-history audits
  • Negotiating payment plans and stipulations of settlement
  • Stays of eviction warrant for hardship
  • Section 8 / HRA voucher administration issues affecting payment
  • Improper rent demands triggering dismissal

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

Property Owners & Landlords

Eviction proceedings, rent collection, lease disputes, rent stabilization.

Tenants & Renters

Eviction defense, habitability claims, rent stabilization rights.

Property Managers

Compliance, lease negotiations, strategic representation for owners.

Co-op & Condo Boards

Shareholder disputes, proprietary lease issues, board-level matters.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 4

    Review rent ledger and 14-day demand

  2. 2

    Step 2 of 4

    Assess habitability and overcharge defenses

  3. 3

    Step 3 of 4

    Negotiate payment plans or settlements

  4. 4

    Step 4 of 4

    Representation at Housing Court through trial

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

I got a 14-day rent demand. What should I do?

The 14-day rent demand is the predicate notice — it's the landlord saying "pay or face a court case." During the 14 days, you can pay the demanded amount in full and stop the case. If you can't pay, or if the demand has errors (wrong amount, improperly served, includes non-rent charges), do NOT ignore it — gather your documentation (lease, prior rent receipts, any habitability complaints) and contact a lawyer. After the 14 days expire without payment, the landlord can file a court petition.

Question 2

What is the warranty of habitability and how do I use it as a defense?

RPL § 235-b implies a warranty in every NYC residential lease that the apartment is fit for habitation and free from conditions endangering safety, health, or comfort. Documented breaches — no heat, no hot water, mold, vermin, leaks, lead paint — entitle the tenant to a rent abatement (a credit against the rent owed). In nonpayment cases, the tenant can assert habitability as a counterclaim and offset the back rent. Documentation: HPD complaints, photos with dates, contractor estimates, repair logs.

Question 3

How does a payment-plan stipulation work?

Most NYC nonpayment cases settle by stipulation — a written agreement filed with Housing Court setting a payment plan. Typical terms: tenant pays a lump sum upfront (or current month's rent), then catches up on arrears over 6-12 months while staying current. If tenant defaults on the stipulation, landlord can apply for a judgment of possession on a shortened timeline. We negotiate stipulations that balance landlord's recovery with realistic tenant cash flow — and add habitability protections where conditions warrant.

Question 4

Can the landlord evict me before I get my day in court?

No. The landlord must complete the full process: 14-day rent demand → court petition → court appearance → either stipulation or trial → judgment of possession → warrant of eviction → notice to tenant → NYC Marshal execution. Self-help eviction (landlord changes locks, removes belongings, shuts off utilities) is illegal under RPAPL § 768 and NY Real Property Law § 853 — exposes the landlord to treble damages. If a landlord is threatening or attempting self-help, contact us immediately and document everything.

Question 5

What if I have a Section 8 / HRA voucher and the landlord didn't get paid?

Section 8 / HRA / FHEPS voucher administration issues are a common cause of nonpayment cases that aren't really the tenant's fault. The tenant's portion may be current while the agency portion is delayed or stuck on recertification. Defenses include the landlord's failure to comply with HQS inspections, voucher-program rules requiring direct landlord action, and acceptance of partial payment as a defense to nonpayment. We work with HRA / NYCHA / HPD as part of the case strategy.

Question 6

Do you represent both landlords and tenants in nonpayment cases?

Yes — we represent both small landlords seeking to collect rent and tenants facing nonpayment petitions. We do not take cases where we have a conflict (we cannot represent a tenant against an existing landlord client). Free initial consultation establishes the matter and runs a conflict check.

Guides & resources

Practical references & further reading.

Articles and tools updated as NYC rules change.

View all guides
External

Department of Housing Preservation and Development (HPD)

HPD is responsible for ensuring New Yorkers have access to safe, affordable housing through enforcement, preservation, and development progr

Resource

Filing a Nonpayment Petition

A nonpayment proceeding under RPAPL § 711(2) starts by serving a 14-day rent demand on the tenant. If unpaid, the landlord files a Notice of

Resource

NYC Housing Court

The NYC Housing Court is the Landlord-Tenant Part of the Civil Court. It hears nonpayment proceedings (tenant owes rent), holdover proceedin

Free case review

Nonpayment petition or 14-day demand in hand?

Most nonpayment cases settle — but the settlement terms depend on the documentation you bring to court. Same-day case review during business hours.

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Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters