NON-PAYMENT INSTRUCTION SHEET
You should start a non-payment case when you want to get the rent from a tenant. If the tenant pays the money, the tenant can stay in the apartment. If the tenant does not pay, you may be able to evict the tenant. Remember, it is illegal to evict a tenant or roommate without coming to court after he or she has lived in the apartment for 30 days.
HOW DO I BEGIN
You or someone working for you, must demand the overdue rent from the tenant and warn the tenant that if the rent is not paid, the tenant can be evicted. You can tell the tenant this in person or in writing. However, if the lease requires this kind of demand be given in writing, then it must be in writing. Remember, you should serve copies, never serve the original forms.
Mail a 5-Day Late Rent Notice by certified mail with Return Receipt Requested.
Serve a 14-day Notice to Tenant or 14-Day Rent Demand.
To find out more information, visit: www.court.state.ny.us/courts/nyc/housig/interactive.shtml or the Do-It-Yourself forms provided by the New York City Housing Court at nycourthelp.gov/diy/nyccivil_housing.html
The following forms are required in Non-Payment proceedings filed in New York City:
A. 5-DAY LATE RENT NOTICE. This notice must be mailed to the Tenant by the sixth day after he/she fails to pay rent.
B. 14-DAY NOTICE OR 14-DAY RENT DEMAND . Check the lease for which time period is required. If there is no lease, a 14-DAY NOTICE is proper.
C. PETITION NON-PAYMENT
D. NOTICE OF PETITION NON-PAYMENT and
STEP 1: Demand the Rent
AFTER YOU HAVE MAILED THE 5-DAY LATE RENT DEMAND AND FIVE DAYS HAVE PASSED THEN YOU MAY DO THE FOLLOWING:
A. Fill out form 14-DAY RENT DEMAND which says to the tenant: "If you do not pay the rent that you owe within 14 days, you will be brought to court"
B. Make photocopies of the completed 14-DAY RENT NOTICE. You are going to have a friend or a process server give the copies to the tenant. ALWAYS KEEP THE ORIGINAL 14-DAY RENT DEMAND. SERVE COPIES ONLY.
C. If you did not use a professional process server, your friend who gave the tenant the 14-DAY RENT DEMAND must fill out the affidavit of service on the back of the original 5-DAY LATE RENT NOTICE, 14-DAY RENT DEMAND form. The purpose of the affidavit is to prove that the server actually gave the court paper to the tenant. The server is swearing to the fact that he or she gave the paper to the tenant. The server must sign at the bottom and have the form NOTARIZED. After the copy of 14-DAY RENT DEMAND has been delivered and the affidavit is complete, you will keep the original form until the 14 day period is over.
STEP 2: Start the Case if the Tenant Has Not Paid the Rent
A. If the tenant has not paid after the 14 day period is over, fill out forms the NOTICE OF PETITION NON-PAYMENT and PETITION
NON-PAYMENT. The PETITION NON-PAYMENT must be SIGNED and NOTARIZED. Make a copy of the completed NOTICE OF PETITION NON-PAYMENT and PETITION NON-PAYMENT before you bring them to court.
B. Bring all the forms, including the original 5-LATE RENT NOTICE, and 14-DAY RENT DEMAND to the cashier's window where you will pay $45.00 to buy an index number. You can pay by cash, certified check or money order made out to the Clerk of the Civil Court.
C. The Clerk will give you back the original NOTICE OF PETITION NON-PAYMENT with Index Number stamped on it. Make a copy of the numbered NOTICE OF PETITION NON-PAYMENT, put that copy together with the copies of the PETITION NON-PAYMENT, 14-DAY RENT DEMAND and Affidavit of Service, and have a process server serve the tenant with the copies.
D. Bring the original NOTICE OF PETITION NON-PAYMENT, together with the notarized Affidavit of Service filled out by your server back to court within three (3) days of service. In addition, you will need to bring the postcard(s) with postage so that the court can mail it to the tenant.
E. If the tenant answers, you should receive a postcard from the court stating the date, time and place of the hearing. If the tenant does not answer the Notice of Petition in court within five days from the date that service is complete, you may request that the court enter a default judgment against the tenant for Failure to Answer. Call a City Marshal and give your request for judgment to the Marshal. You will also need to complete a Non-Military Affidavit. The Marshal will request a warrant of eviction from court.
F. Be sure to keep copies of all papers filed in court.
TERMINATION OF TENANCY IN NEW YORK. NEW LAWS AND PROCEDURES:
If you decide to terminate tenancy...
GET a 30-DAY NOTICE, a 60-DAY NOTICE, or a 90-DAY NOTICE or A 120-DAY NOTICE and fill out the other forms online for free if eligible. New LT Laws require that you give tenants ample time if you are terminating tenancy:
"A 60-day notice is required for renters who have lived in an apartment for more than one year, but less than two years, or have a lease of at least one year, but less than two years. Tenants who have lived in a unit for more than two years, or have a lease of at least two years, must get a 90-day notice", New York Times, June 21, 2019.