Rockland County Nonpayment Eviction Lawyer

When a tenant stops paying rent, even a landlord who has dealt with rental properties for years may be unsure of what, exactly, should happen next. After all, though the tenant may be several weeks or even months behind, landlords are not permitted to simply force the tenant from the property without first going through the proper legal process. Fortunately, if your tenant isn’t paying their rent, you’re in the right place. The Law Office of Peter A. Hurwitz, PLLC has decades of experience representing clients in nonpayment eviction proceedings, and you can have confidence in your decision to turn to a skilled Rockland County landlord lawyer from our firm to represent your interests. Contact us today to learn more about how we can help you.

Can You Evict a Tenant for Nonpayment in New York?

In many cases, the answer to this question is “yes.” If a tenant has failed to pay the rent required under a lease or rental agreement, the landlord may commence what is known as a nonpayment summary proceeding under Article 7 of the New York Real Property Actions and Proceedings Law.

That being said, the fact that rent is overdue does not mean the tenant may be immediately removed. Rather, the landlord must satisfy several notice and filing requirements before the court may issue a judgment of possession and warrant of eviction. Generally speaking, a nonpayment proceeding may be appropriate when:

• A landlord-tenant relationship exists.
• The tenant has defaulted on rent that is legally due.
• The landlord has provided all required notices.
• The tenant has not paid the amount demanded.
• The landlord is seeking unpaid rent, possession of the premises, or both.

It is also worth noting that not every amount appearing on a tenant’s account may necessarily be demanded as “rent.” Depending on the lease and the circumstances, charges such as late fees, legal fees, repair expenses, or other miscellaneous costs may have to be treated differently. Therefore, landlords should carefully calculate the balance before serving a demand or filing a petition.

Above all, landlords should never attempt a self-help eviction. No matter how much money is owed, only a sheriff, marshal, or other legally authorized enforcement officer may carry out an eviction after a court has issued the appropriate warrant.

What Should I Do Before Filing a Nonpayment Eviction?

Before filing a nonpayment eviction, a landlord should first review the lease, payment history, and all communications with the tenant. Rather obviously, the court will need more than a general statement that the tenant “has not paid,” which means accurate documentation can play a significant role in the outcome of the case. Some of the most important steps landlords should take are as follows:

• Confirm the months for which rent remains unpaid.
• Calculate the precise amount of rent legally due.
• Review the lease for any additional notice requirements.
• Preserve rent ledgers, receipts, bank records, and tenant communications.
• Determine whether the tenant has made any partial payments.
• Address known repair or habitability complaints.
• Prepare and properly serve all required notices.

Under New York Real Property Law § 235-e, when residential rent has not been received within five days of the date specified in the lease, the landlord is generally required to send the tenant a written late-rent notice by certified mail. If this notice is not sent, the tenant may raise that failure as an affirmative defense in a later nonpayment proceeding.

Additionally, under RPAPL § 711(2), a landlord must serve written 5-day and 14-day rent demands before starting the case. This demand should identify the rental periods and amounts owed, give the tenant at least 14 days to pay, and warn that an eviction proceeding may be commenced if payment is not made.

The notice must also be served according to New York’s legal service requirements. Simply texting the tenant, sending an ordinary email, or leaving a handwritten note on the door may not satisfy the law, even if the tenant actually receives the message.

Landlords should also consider whether Good Cause Eviction Law notices or other property-specific requirements apply. Since the rules may differ depending on the building, tenancy, lease, and municipality involved, having the case reviewed before filing can prevent mistakes that would otherwise cost additional time and money.

What Is the New York Nonpayment Eviction Process?

Once all preliminary notices have been properly provided and the tenant has not paid the demanded rent, the landlord may begin a nonpayment case in the appropriate court. Though each case is different, the process will typically involve the following steps:

• The landlord sends the required five-day late-rent notice.
• Written 5-day and 14-day rent demands are properly served.
• The landlord files a notice of petition and nonpayment petition.
• The tenant is formally served with the court papers.
• The landlord and tenant appear before the court.
• The parties may negotiate, settle, or proceed to a hearing or trial.
• If the landlord succeeds, the court may issue a money judgment, judgment of possession, and warrant of eviction.
• An authorized officer serves the required eviction notice and, if necessary, removes the tenant.

During the proceeding, the tenant may raise various defenses, such as improper service, incorrect rent calculations, payment, breach of the warranty of habitability, or the landlord’s failure to provide required notices. The tenant may also bring counterclaims concerning repairs, property conditions, harassment, or other alleged violations.

In some cases, the matter can be resolved through payment, a repayment agreement, or a negotiated move-out date. In others, litigation will be required. Furthermore, even after a landlord obtains a judgment, the landlord cannot personally remove the tenant, as the warrant must be executed in accordance with the law.

Contact a Nonpayment Eviction Lawyer in Rockland County, NY Today

The Law Office of Peter A. Hurwitz, PLLC understands that unpaid rent can quickly place landlords in a difficult financial position, especially when taxes, mortgage payments, insurance expenses, and property maintenance costs continue to accumulate. If your tenant has failed to pay rent, or you have questions about beginning a nonpayment proceeding, contact a knowledgeable Rockland County nonpayment eviction lawyer from our firm today. We stand ready to effectively represent your rights and interests, every step of the way.