Free New York NYC Nonpayment Petition
NYC Nonpayment Petition — Begins a NYC nonpayment proceeding to recover unpaid rent and possession after a 14-day rent demand has expired. Conform to NYC Housing Court rules and NY RPAPL 711(2) / 731.
A NYC nonpayment petition begins a summary proceeding to recover unpaid rent and possession. Under RPAPL § 711(2), the landlord must first serve a 14-day written rent demand (the 2019 HSTPA increased this from 3 days) stating the rent owed. If the tenant does not pay, the landlord files the petition under RPAPL § 731 in NYC Housing Court. The petition must state the parties, the premises, the rent-regulatory status, the rent due by period, the rent demand and its service, and the relief sought. Tenants have strong defenses in nonpayment cases (rent overcharge, breach of warranty of habitability under RPL § 235-b, improper demand). This form does not replace the official court forms or legal advice.
New York Nonpayment Petition at a Glance
Statute
NY RPAPL 711(2) / 731
Court
NYC Housing Court
Filed by
Landlord / Attorney
Authority
NY RPAPL 711(2) / 731
This is a legal filing — conform to local court rules
Court forms must conform to the rules of NYC Housing Court and the applicable statute (NY RPAPL 711(2) / 731). Filing requirements, formatting, fees, and service rules vary by court and change over time. This worksheet helps organize the required information; it is not a substitute for the official court forms or for legal advice. When in doubt, consult an attorney or the court clerk.
How to Use the New York Nonpayment Petition
Identify when the disclosure is required
Confirm the prerequisite is met: a 14-day written rent demand under RPAPL § 711(2) has been served and expired without payment.
Prepare the notice
Gather the underlying documents: lease, the notice served and proof of its service, and a rent ledger if applicable.
Provide the disclosure
Complete this worksheet with the parties, property, grounds, notice details, and relief sought.
Follow statutory timeline
Transfer the information to the official NYC Housing Court form(s); pay the filing fee and file in the correct court/precinct.
Document the process
Arrange proper service of process on the tenant and file proof of service. Appear at the hearing.
Generate the New York Notice
Complete the fields below to generate a New York NYC nonpayment petition. Service should comply with per NY RPAPL 711(2) / 731 and NYC Housing Court rules; retain proof of delivery.
Purpose
Begins a NYC nonpayment proceeding to recover unpaid rent and possession after a 14-day rent demand has expired.
1. Parties & Property
From (Landlord / Property Manager)
To (Tenant)
2. Filing Information
3. Notice Content
4. Signature
About This New York Notice
A NYC nonpayment petition begins a summary proceeding to recover unpaid rent and possession. Under RPAPL § 711(2), the landlord must first serve a 14-day written rent demand (the 2019 HSTPA increased this from 3 days) stating the rent owed. If the tenant does not pay, the landlord files the petition under RPAPL § 731 in NYC Housing Court. The petition must state the parties, the premises, the rent-regulatory status, the rent due by period, the rent demand and its service, and the relief sought. Tenants have strong defenses in nonpayment cases (rent overcharge, breach of warranty of habitability under RPL § 235-b, improper demand). This form does not replace the official court forms or legal advice.
New York Statutory Requirements
- NY RPAPL 711(2) / 731 governs the filing
- Valid predicate: a 14-day written rent demand under RPAPL § 711(2) has been served and expired without payment
- Correct court / venue
- Complete petition/complaint contents
- Proper service of process with proof filed
- Filing fee paid
Delivery Methods
- File with the court clerk (e-file where required)
- Serve the opposing party per the applicable service rule
- File proof of service with the court
- Keep stamped copies of everything filed
Common Mistakes
- Filing before the predicate notice has expired
- Defective or improperly served notice
- Wrong court or precinct
- Incomplete description of premises or grounds
- Improper service of process
- Using self-help instead of the court process
Best Practices
- Confirm the predicate is satisfied (a 14-day written rent demand under RPAPL § 711(2) has been served and expired without payment)
- Attach the lease and the served notice
- File in the correct court/precinct
- Describe parties, premises, and grounds precisely
- Effect proper service and file proof
- Never use self-help eviction
- Consult counsel for contested cases
Bottom line
A NYC nonpayment petition must rest on a valid predicate (a 14-day written rent demand under RPAPL § 711(2) has been served and expired without payment) and conform to NY RPAPL 711(2) / 731 and NYC Housing Court’s rules. Proper notice and proper service are the most common failure points. This worksheet organizes the required information but does not replace the official court forms or legal advice.
Frequently Asked Questions
What is a NYC nonpayment petition?
Begins a NYC nonpayment proceeding to recover unpaid rent and possession after a 14-day rent demand has expired.
What must happen before filing?
The predicate must be satisfied: a 14-day written rent demand under RPAPL § 711(2) has been served and expired without payment. The matter proceeds under NY RPAPL 711(2) / 731 in NYC Housing Court.
Which court handles this?
NYC Housing Court, under NY RPAPL 711(2) / 731. File in the court for the location where the property sits.
Can I use this instead of the official court form?
No. This is an organizing worksheet. The official NYC Housing Court form(s) and current local rules control. Use this to prepare, then complete the official forms.
What is the most common mistake?
Filing before the notice has expired, or defective/improper service of the notice or process. Both are avoidable with careful attention to dates and service.
Do I need a lawyer?
These proceedings are technical and the stakes are high. While self-representation is allowed, consulting an attorney (or NYC Housing Court’s self-help center) is strongly recommended, especially if the case is contested.
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