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Nonpayment Cases

  • Rent Demand:
    • A rent demand is a written request served on the tenant seeking rental arrears to be paid within a certain time frame.
    • All rent demands must be properly served pursuant to law and pursuant to the lease agreement.
    • Our office has a licensed process server to handle service of this document.
  • Notice of Petition and Petition:
    • If the tenant fails to pay within the time frame listed in the rent demand, a notice of petition and petition will then be drafted.
    • These documents are then given to our licensed process server to be served on the tenant.
    • The Notice of Petition and Petition will notify the tenant to appear in Court to file an Answer.
    • If the tenant files an Answer, a Court date will then be assigned.
    • If the tenant fails to file an Answer, we can then apply for a warrant of eviction based on the tenant’s failure to Answer.

-         Most cases that appear in Court are settled without a trial with the tenant agreeing to pay the rent arrears by a date certain.

 

-        When a case is settled, a final judgment will be entered against the tenant which will allow us to apply for a warrant of eviction immediately. If the tenant fails to pay the rent arrears by the date certain, the warrant of eviction will then be served on the tenant. If the tenant fails to file an Order to Show Cause (seeking an extension of time to pay the rent arrears), we will then proceed to eviction. Please note, that our office has no control over how many extensions a tenant may get by filing Orders to Show Cause seeking an extension of time. That is determined by the Judge inHousing Court based on a showing of good cause by the tenant.

 

-        Sometimes a case may not be able to be settled and it may be necessary to go to trial. Should the case go to trial, the landlord will need to appear in Court to testify. The landlord must obtain the following documents necessary for trial:

  • Original or certified copy of the deed
  • Original lease agreement and any lease renewals
  • Certified copy of the Multiple Dwelling Registration (MDR) if the apartment is located in an apartment complex containing six or more units
  • Certified copy of the Department of Housing and Community Renewal (DHCR) form

 

-         It is imperative that prior to commencement of a nonpayment case that you inform our office if the tenant has a subsidy from Section 8 from New York City Housing Authority (NYCHA) or Housing Preservation and Development (HPD).

 

-        It is also imperative that you be as open and candid with us as possible. For example, please inform us as to whether there are illegal apartments in the building or whether there are improper registrations. All matters you tell us will be held in the strictest of confidence.

 

Holdover Cases

  • Predicate Notice:
    • A predicate notice is a document which must be served on the tenant prior to the commencement of the action.
    • This document is sometimes required pursuant to law and/or pursuant to the terms of the lease agreement.
    • This document will specify a date certain for the tenant to either cure a breach in the terms of the lease agreement (Notice to Cure) or to vacate the subject premises (Notice of Termination, Notice to Vacate).
  • Notice of Petition and Petition:
    • If the tenant fails to vacate the subject premises by the date certain listed in the predicate notice, a notice of petition and petition will then be drafted.
    • These documents are then given to our licensed process server to be served on the tenant.
    • The Notice of Petition and Petition will specify a court date for the tenant to appear in Court.

 

-        Most cases that appear in Court are settled without a trial with the tenant agreeing to vacate the subject premises by a date certain.

 

-        When a case is settled, a final judgment will be entered against the tenant which will allow us to apply for a warrant of eviction immediately. If the tenant fails to vacate the subject premises by the date certain, the warrant of eviction will then be served on the tenant. If the tenant fails to file an Order to Show Cause (seeking an extension of time to vacate the subject premises), we will then proceed to eviction. Please note, that our office has no control over how many extensions a tenant may get by filing Orders to Show Cause seeking an extension of time. That is determined by the Judge inHousing Court based on a showing of good cause by the tenant.

 

-         Sometimes a case may not be able to be settled and it may be necessary to go to trial. Should the case go to trial, the landlord will need to appear in Court to testify. The landlord must obtain the following documents necessary for trial:

  • Original or certified copy of the deed
  • Original lease agreement and any lease renewals
  • Certified copy of the Multiple Dwelling Registration (MDR) if the apartment is located in an apartment complex containing three or more units
  • Certified copy of the Department of Housing and Community Renewal (DHCR) form if the apartment is rent stabilized

It is imperative that prior to commencement of a holdover case that you inform our office if the tenant has a subsidy from Section 8 from New York City Housing Authority (NYCHA) or Housing Preservation and Development (HPD), or is receiving any other subsidy, i.e., Public Assistance, Workers Advantage, etc.

 

It is also imperative that you be as open and candid with us as possible. For example, please inform us as to whether there are illegal apartments in the building or whether there are improper registrations. All matters you tell us will be held in the strictest of confidence.

 

Do you have questions or do you want to make an appointment in this area?

Call us at +1 718 7921200 or use our contact form.