570 Yonkers Avenue, Yonkers, NY 10704   Tele: (914) 965-1011  Fax: (914) 965-0019
James G. Dibbini & Associates, P.C.
  • Home
  • The Firm
  • Practice Areas
    • Evictions & Landlord Tenant Matters >
      • Nonpayment Proceedings >
        • Starting a Nonpayment Proceeding
        • Notice of Petition and Petition
        • Jurisdiction
        • Judgment of Possession and Warrant of Eviction
      • Holdover Proceedings >
        • Starting a Holdover Proceeding
        • Use and Occupancy Payments
        • Notice >
          • Predicate Notice
          • Notice to Cure
          • Notice to Vacate
        • Types of Holdover Proceedings >
          • Non-Primary Residence Litigation
          • Owner Occupancy Proceedings
          • Unauthorized Occupants
          • Overcrowding of Premises in Violation of Local Code
          • Unauthorized Pets
          • Unauthorized Alterations or Repairs
      • Marshal's Notices
      • Other Eviction Issues >
        • Rent Regulation Laws >
          • Rent Stabilization >
            • Emergency Tenants Protection Act of 1974 (ETPA)
            • Ability to Modify a Rent Stabilized Lease
          • Rent Control
        • Late Payment or Nonpayment of Rent
        • Ability to Charge and Collect Late Fees
        • Tenant Habitability
        • Apartment Succession Rights
        • Rent Collections
      • Motion Practice >
        • Order to Show Cause
      • Licensor/Licensee Actions
      • Section 8 and Other Public Assistance >
        • Other Housing Agencies
      • Emergency Relief >
        • Stay of Evictions
        • Yellowstone Injunction Actions
        • Emergency Access
    • Leases >
      • Commercial Leases >
        • Personal Guaranty
      • Residential Leases >
        • Unregulated Property
        • ETPA New Standard Lease Addenda
      • Subleases and Assignments >
        • Landlord Consent to Sublease or Assignment
    • Litigation >
      • Court System
      • Breach of Contract
      • Partition Action
      • Property Disputes >
        • Easements
        • Adverse Possession
        • Title Actions
      • Foreclosures
      • Enforcement of Promissory Notes
      • Negligence Defense
    • Division of Housing and Community Renewal Representation >
      • Division of Housing and Community Renewal
      • Other Divisions and Units Under the DHCR
      • Apartment Registrations
      • Rent Regulated Property
      • Rent Overcharge Proceedings
      • Succession Rights
      • Deregulation of Rental Property >
        • Destabilization
        • Major Capital Improvement Increases
        • Vacancy Decontrol
        • Luxury Decontrol
      • Technical Compliance by Landlords of Rent Increases
      • Owner Occupancy Proceedings
      • Non-Primary Residence Litigation
      • Surcharges for Tenant-Installed Appliances
    • Administrative Hearings >
      • Petition for Administrative Review (PAR)
      • Tenant Protection Unit Audits
    • Appellate Practice >
      • Article 78 Proceeding
    • Cooperative Apartments >
      • Cooperative Eviction Proceedings
      • UCC Article 9 "Foreclosure" Sales
      • Subleasing Your Cooperative
    • Code Violation Hearings
    • Other Real Property Matters
  • Client Reviews
  • Media
    • Newsletters
    • Blog
    • Videos
    • Presentations
  • Contact Us
  • Resources
    • Forms and Helpful Links
    • Tips for Landlords in New York
  • Community Outreach
  • Current Events

What to Do If a Tenant Stops Paying Rent.

3/17/2015

0 Comments

 
Many clients who are property owners, landlords and even tenants call us asking about the eviction process, specifically evictions concerning the nonpayment of rent, so we have taken the time to briefly outline the steps in a nonpayment proceeding.

A nonpayment proceeding is an eviction proceeding brought by a landlord because the tenant has failed to maintain rental payments in accordance with the lease agreement. When attempting to evict a tenant due to the nonpayment of rent, it is crucial that the landlord carefully follows all applicable statutory laws, regulations and the lease, if any. If the landlord does not, the eviction proceeding could be dismissed by the court. The following is an overview of the steps a landlord must follow in a nonpayment proceeding in New York:


1. Demand for rent
Before commencing a nonpayment proceeding with the court, a landlord must make a demand for rent- verbally or in writing. The demand must give the tenant at least 3 days to pay the rent; however, the lease should be reviewed to make sure a longer notice period is not required. If the demand is in writing, which is the better choice, the landlord must have the notice served on the tenant preferably by a  process server.

2. Choosing the Correct Forum
Before starting the action, it is important to choose the correct court. The court in which a landlord should commence the action will depend on where the property is located. Nonpayment proceedings can be brought in local housing, city, town and village courts depending on the specific area. Additionally, depending on the property’s location, the landlord may have a choice to bring it in either the town or village court.

To start a nonpayment proceeding in a city court, the landlord must file the Notice of Petition and Petition with the court clerk but to start the action in a town or village court, the landlord must serve the tenant the Notice of Petition and Petition first and then file thereafter.

3. Notice of Petition and Petition
If the demand for rent has been served and has expired without the tenant paying the missing rent, in nonpayment proceedings brought outside of New York City, the landlord can start the nonpayment proceeding by drafting and filing with the appropriate court and/or serving the tenant with a Notice of Petition and Petition. The Notice of Petition informs the tenant when he/she must appear in court and the Petition gives the reasons why the landlord has commenced the proceeding against the tenant. The tenant must be served with these documents at least 5 days, but no more than 12 days, before the court date included on the Notice of Petition. 

4. First Court Appearance          
For cases brought outside of New York City, if the tenant fails to appear, the court will either adjourn the matter to another date or enter a default judgment granting a Judgment and Warrant of Eviction. The court will also grant a Judgment and Warrant of Eviction if the tenant appears and admits the claims in the Petition.

However, if the tenant appears, denies the claims in the Petition and asks for a trial, the court can immediately proceed with the trial if the parties are ready or the matter can be adjourned for a later date.

5. Trial
At trial, both parties submit their evidence to the court to support their claims and refute the opposing party’s claims. If the court finds in favor of the landlord, it will issue a Judgment and Warrant of Eviction but if the court finds in favor of the tenant, the case will be dismissed and the tenant can stay in the apartment.

6. Judgment and Warrant of Eviction
A Judgment and Warrant of Eviction are the required legal documents that must be signed by the court in order to legally evict a tenant. The landlord must submit a proposed Judgment and Warrant of Eviction for the judge to sign.

The Judgment orders the tenant to leave the premises or pay the landlord any money owed. The Warrant of Eviction is the court order permitting the physical eviction of the tenant. This Warrant must be given to a Marshal who will then serve it on the tenant along with a 72 Hour Notice to vacate the apartment. However, the Warrant of Eviction may not be readily enforceable because the court may decide to grant a Stay of Eviction. A Stay of Eviction gives the tenant more time to pay the unpaid rent. Once the Stay expires, the Warrant of Eviction is enforceable or the court, in its discretion, can decide to issue another Stay.

7. Marshal
Only enforcement officers, such as a Marshal, can legally evict a tenant by serving the tenant with the Warrant of Eviction and the 72 Hour Notice to vacate the apartment. Once the 72 Hour period has expired and the tenant does not vacate the apartment, the Marshal is authorized to physically evict the tenant from the premises.

James G. Dibbini & Associates, P.C. has over 20 years of experience representing landlords in nonpayment proceedings. Let us help you. Give us a call at (914) 965-1011 or email us at [email protected]. 

To view the newsletter, click HERE. 

This James G. Dibbini & Associates, P.C. Blog post is a publication of James G. Dibbini & Associates, P.C. All Rights Reserved. Quotation with attribution is permitted. This blog post offers general information and should not be taken or used as legal advice for specific situations, which depend on the evaluation of precise factual circumstances. Please note that James G. Dibbini & Associates, P.C. does not undertake to update its publications after their publication date to reflect subsequent developments. Prior results do not guarantee a similar outcome. This publication may contain attorney advertising.
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    James G. Dibbini & Associates, P.C.

    James G. Dibbini & Associates, P.C.is a full service real estate law firm focused on getting our clients results. 
    Our blog allows us to provide our clients and the public with updates and helpful information on current real estate issues.
    Please subscribe by clicking the RSS Feed below!

    Archives

    June 2015
    May 2015
    April 2015
    March 2015
    February 2015

    Categories

    All

    RSS Feed

JAMES G. DIBBINI & ASSOCIATES, P.C.
  • Home
  • The Firm
  • Practice Areas
  • Testimonials
  • Media
  • Resources

Se habla español.


© Copyright - James G. Dibbini & Associates, P.C.- ATTORNEY ADVERTISING. This web site is designed to provide general information only and to help in the choice of appropriate legal counsel. The information contained herein should not be construed as legal advice. Legal jurisdictions differ on major and minor aspects of the law and each legal situation is unique; requiring that all legal situations be addressed with qualified legal counsel. Prior results do not guarantee a similar outcome. Submitting or receiving information or questions through this web site does not create an attorney client relationship. No attorney client relationship will exist unless you meet with one of our attorneys and sign a retainer agreement. Please do not submit any information that is case specific, personal or confidential. If you have legal problem or issue you should always consult with a qualified lawyer experienced in the appropriate area of law. We would be glad to discuss your specific situation with you, should you so desire, by phone at (914) 965-1011. 
credit card
Our Office:
570 Yonkers Avenue, Yonkers, NY 10704
Tele: (914) 965-1011
Fax: (914) 965-0019


Proudly powered by Weebly
Photos from cb0w, cb0w