New York Landlord Non-Payment Forms Packet with Instructions
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FAQ
Effective April 7, 2022, the New York statute of limitations for debt/rent collection lawsuits arising out of a consumer credit transaction is reduced from six years to three years.
Overview. In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.
Step 1: File a non-payment petition that details the missed dates or rental periods and the total amount owed. Step 2: Have the petition notarized. Step 3: Submit the petition and other required forms to the Landlord-Tenant Clerk's Office. Step 4: Pay the fees and claim a court index number.
A rent payment can only be considered late if it is received more than five days after it is due. The most your landlord can charge as a late fee is $50 or 5% of your monthly rent, whichever is less.
To begin the eviction lawsuit for nonpayment of rent, the landlord must file a petition with the district court or housing court of the county in which the rental unit is located. The court will assign a date for a hearing before a judge, and the tenant will be notified of the proceedings.
Building owners must notify the tenant that rent is late, what the balance is, and that, if not paid, the tenant will be evicted. Three days after notice is given or oral demand for the rent is made, the owner may file a nonpayment proceeding in Housing Court and serve papers on the tenant.
Eviction Proceedings Building owners must notify the tenant that rent is late, what the balance is, and that, if not paid, the tenant will be evicted. Three days after notice is given or oral demand for the rent is made, the owner may file a nonpayment proceeding in Housing Court and serve papers on the tenant.
