Free NYC Nonpayment Petition | Fillable PDF Form

⚖️ NYC Nonpayment Petition

Housing Court Eviction Petition – New York City

🚨 CRITICAL – This Initiates Eviction Lawsuit

This petition starts formal eviction proceedings in NYC Housing Court:

  • Must be filed in Housing Court: Submit to court clerk with filing fee
  • Must properly serve tenant: Personal service or substituted service required
  • Tenant gets court date: Opportunity to respond and present defenses
  • Judge decides case: May order eviction, payment plan, or dismiss case

STRONGLY RECOMMEND: Consult attorney before filing – eviction law is complex

⚠️ Prerequisites Before Filing

Must complete these steps BEFORE filing nonpayment petition:

  • Rent demand: Served 14-day notice demanding rent (3-day if month-to-month)
  • Wait period expired: Full notice period has passed without payment
  • No accepted payment: Haven’t accepted partial rent (waives right to evict)
  • Proper notice given: Proof of service of rent demand

📋 What Happens After Filing

  • Court assigns date: Typically 2-4 weeks after filing
  • Must serve tenant: Petition + court date notice
  • Tenant can answer: File response, present defenses
  • Court hearing: Both parties present case to judge
  • Possible outcomes: Judgment for landlord, payment plan, dismissal
  • If judgment granted: Warrant of eviction issued, marshal executes

📝 Petition Information

⚠️ Important Note

This form helps you prepare petition information. NYC Housing Court has official petition forms that must be used for actual filing. This tool helps you gather and organize information before completing official forms. Always use court’s official forms for filing.

Petitioner (Landlord) Information

Individual or entity name (owner, management company, etc.)

Respondent (Tenant) Information

Lease Information

Nonpayment Details

Calculated Amounts:

Total rent + any additional charges

Rent Demand Notice

Relief Sought

Additional Information

📚 Complete Guide to NYC Nonpayment Petitions

Legal Authority: NYC Housing Court has jurisdiction over nonpayment proceedings under RPAPL Article 7. Landlord must serve proper rent demand notice, wait required period, then file petition in Housing Court in borough where property located. Tenant has right to answer petition, present defenses, and request trial. Court may order payment plan, dismiss case, or issue judgment for landlord including eviction warrant.

Nonpayment Process Overview

Step-by-step eviction process for nonpayment in NYC:

  1. Serve rent demand: 14-day notice (or 3-day if month-to-month) demanding payment
  2. Wait notice period: Full 14 days (or 3 days) must pass without payment
  3. File petition: Submit to Housing Court with filing fee (~$45)
  4. Court assigns date: Initial appearance typically 2-4 weeks out
  5. Serve tenant: Personal or substituted service of petition + court papers
  6. Tenant can answer: File written answer, present defenses
  7. Court appearance: Both parties appear, may settle or proceed to trial
  8. Judgment: Judge decides – payment plan, possession, or dismissal
  9. Warrant issued: If judgment for landlord, eviction warrant issued
  10. Marshal execution: City marshal physically removes tenant if necessary

Prerequisites to Filing

⚠️ Must Complete Before Filing

1. Proper Rent Demand:

  • 14-day demand for fixed-term or rent stabilized leases
  • 3-day demand for month-to-month tenancies
  • Must state exact amount owed
  • Must state where/how to pay
  • Must be properly served

2. Wait Full Notice Period:

  • Count full 14 (or 3) days from service
  • Don’t count day of service
  • Include weekends and holidays
  • Cannot file before period expires

3. No Accepted Partial Payment:

  • Accepting partial rent after demand waives right to evict for that period
  • Would need to start over with new demand
  • Exception: Payment made to court during proceeding

4. Proof of Service:

  • Keep signed receipt or affidavit of service
  • Must prove demand was properly served
  • Court will require proof at hearing

Where to File

NYC Housing Court locations by borough:

  • Bronx Housing Court: 1118 Grand Concourse, Bronx, NY 10456
  • Brooklyn Housing Court: 141 Livingston Street, Brooklyn, NY 11201
  • Manhattan Housing Court: 111 Centre Street, New York, NY 10013
  • Queens Housing Court: 89-17 Sutphin Boulevard, Jamaica, NY 11435
  • Staten Island Housing Court: 927 Castleton Avenue, Staten Island, NY 10310

File in borough where property is located

What to Include in Petition

Required information:

  • Parties: Petitioner (landlord) and respondent (tenant) names and addresses
  • Premises: Exact property address including apartment number
  • Lease terms: Start date, type (fixed/month-to-month), rent amount
  • Nonpayment details: Months unpaid, amount owed per month, total
  • Demand notice: Date served, type (14-day or 3-day), method of service
  • Relief sought: Possession, rent owed, costs
  • Rent stabilization: Whether property is rent stabilized
  • Additional charges: Late fees, utilities, other charges if applicable

Tenant Defenses

Common defenses tenants raise:

🛡️ Typical Tenant Defenses

  • Payment: “I paid the rent” (shows receipts, cancelled checks)
  • Breach of warranty of habitability: “Apartment has serious violations, rent should be reduced”
  • Improper notice: “Demand wasn’t served properly or didn’t give enough time”
  • Rent overcharge: “Landlord charged more than legal rent”
  • Lease not signed: “Never signed lease, terms not agreed”
  • Retaliatory: “Landlord evicting me because I complained to city”
  • Discrimination: “Eviction based on protected class status”
  • ERAP pending: “Applied for Emergency Rental Assistance, stay required”
  • Landlord accepted partial: “Landlord took partial rent after demand, waived right”

Possible Outcomes

What can happen in Housing Court:

  1. Settlement: Parties agree to payment plan, tenant pays back rent over time, avoids eviction if complies
  2. Judgment for landlord: Court finds tenant owes rent, grants possession, issues warrant, tenant must pay or move
  3. Judgment for tenant: Court finds landlord’s case deficient or tenant has valid defense, case dismissed
  4. Stipulation: Agreement between parties, often includes payment plan and eviction warrant held
  5. Trial: If no settlement, case goes to trial, both sides present evidence, judge decides
  6. Default judgment: If tenant doesn’t appear, landlord may get default judgment

After Judgment

If landlord wins:

  • Warrant of eviction issued: Court order authorizing removal
  • 72-hour notice: Marshal posts notice, tenant has 72 hours to vacate
  • Marshal execution: If tenant doesn’t leave, marshal physically removes
  • Possessions to curb: Tenant’s belongings placed on street
  • Locks changed: Landlord takes possession of unit

Note: Even with warrant, tenant can stop eviction by paying full amount owed (redemption right)

Common Mistakes

❌ Top 10 Nonpayment Petition Errors

  1. Filed too soon: Didn’t wait full 14 days after serving demand. Case dismissed, start over.
  2. No proof of service: Can’t prove demand was served. Case dismissed.
  3. Wrong amount claimed: Claimed $3,000 but can only prove $2,500. Judgment limited to proven amount.
  4. Accepted partial rent: Took $500 after serving demand. Waived right to evict for that period.
  5. Wrong court: Filed in Manhattan, property in Brooklyn. Case dismissed, refile in correct borough.
  6. Improper service of petition: Mailed petition, need personal/substituted service. Default judgment overturned.
  7. No attorney for LLC: LLC filed pro se. In NYC, corporate entities must have attorney. Case dismissed.
  8. Forgot rent stabilization disclosure: Didn’t note unit is stabilized. May delay case or affect judgment.
  9. Retaliation: Filed week after tenant called 311. Appears retaliatory, tenant raises defense, case dismissed.
  10. Named wrong tenant: Only named one tenant, two on lease. Incomplete petition.

Best Practices

✅ Nonpayment Petition Checklist

  • Consult attorney: Housing Court is complex – get legal help
  • Proper demand: Use correct form (14-day or 3-day), serve properly
  • Wait full period: Don’t file early – count carefully
  • Keep records: Proof of service, rent ledgers, lease, all notices
  • Correct court: File in borough where property located
  • All parties named: Include all tenants on lease
  • Accurate amounts: Double-check calculations, have documentation
  • Note rent stabilization: Disclose if unit is stabilized
  • No retaliation: Don’t evict shortly after tenant exercises rights
  • Proper service: Serve petition by personal or substituted service
  • Be prepared: Bring all documents to court – lease, receipts, ledgers
  • Consider settlement: Payment plan often better than eviction

⚖️ Legal Disclaimer

This form is provided for informational purposes only and does not constitute legal advice. This tool helps organize information for NYC nonpayment petitions but is NOT a substitute for official Housing Court forms. You must use NYC Housing Court’s official petition forms for actual filing.

NYC Housing Court eviction process is complex and technical. Improper notice, insufficient waiting period, wrong court, improper service, or procedural errors can result in case dismissal and require starting over. Missing critical requirements can also expose landlord to sanctions or counterclaims.

Prerequisites must be completed before filing: Proper rent demand notice (14-day or 3-day), full waiting period, proof of service, and no accepted partial rent after demand. Court will scrutinize whether all requirements were met.

STRONGLY RECOMMEND consulting housing attorney before filing nonpayment petition. Attorney can ensure all requirements met, proper forms used, case properly prosecuted. Self-represented landlords often lose on procedural grounds even when tenant clearly owes rent. Investment in attorney up front can save time, money, and stress.