One of the most common reasons landlords call our office is simple: "My tenant stopped paying rent. What can I do?" In NYC, the answer isn't simple unless you have an experienced non-payment eviction attorney guiding you.
A non-payment proceeding allows landlords to recover unpaid rent and, if necessary, evict tenants who are behind on payments. Whether your property is in Brooklyn, Queens, the Bronx, or Manhattan, the process must be done carefully and correctly, or risk being thrown out of Housing Court entirely.
The Process:
- Rent Demand – Landlords must serve a 14-day written demand for rent.
- Filing the Case – If the rent isn't paid, a petition is filed in Housing Court.
- Service & Court Appearance – The tenant is served and appears before a judge (if the Tenant even shows up).
- Judgment & Eviction Warrant – If successful, the court can issue a money judgment and an eviction warrant.
But Here's Where It Gets Complicated...
New York City's landlord-tenant system is heavily tenant-friendly. Tenants can delay eviction for months — even years — using a variety of legal maneuvers, including:
- Filing repeated Orders to Show Cause (OSCs) to stop an eviction, sometimes the morning of the marshal's arrival.
- Claiming they applied for financial aid or rent assistance, even when months have passed with no progress.
- Disputing the amount of rent owed, even after months of non-payment.
- Claiming repairs are needed or alleging harassment regardless of the facts.
Every borough (Bronx, Queens, Brooklyn, Manhattan) has its own quirks and Housing Court culture. And with court backlogs and ever-changing rules, the only way to avoid getting stuck in legal limbo is with a sharp, experienced NYC landlord lawyer.
At The Law Offices of Stuart Jacobs, we've been handling non-payment proceedings for over 35 years. We know judges peculiarities. We know what works and what doesn't. We know how to spot tenant stall tactics from the start — and how to beat them. If your tenant hasn't paid, don't wait. Call a landlord attorney in NYC who gets results.