New York Nonpayment Evictions: Rent Demands, Answers, Defenses, and Court Process

Before the case is filed

A landlord generally must serve a written demand giving a residential tenant at least 14 days to pay the claimed rent or surrender possession before beginning a nonpayment proceeding.

• Check the dates.
• Compare the demand to your ledger.
• Do not discard proof of payment.
• Save any written refusal to accept rent.

When court papers arrive

The Petition states the landlord’s allegations. The Notice of Petition or court notice tells you when and how to respond. New York Courts publishes tenant Answer and Counterclaim forms for nonpayment cases.

• Do not ignore the case.
• Raise defenses you actually have.
• Bring documents supporting each defense or counterclaim.

Common factual issues to investigate

Potential issues can include payment, misapplied payments, incorrect rent, unlawful fees, subsidy delays, rent-regulation errors, improper service, defective notices, warranty-of-habitability claims, retaliation, discrimination, and Good Cause Eviction issues where applicable.

Settlement caution

A stipulation can become a binding court order. Do not sign an agreement you do not understand. Make sure payment dates, repair obligations, access terms, arrears calculations, fees, and consequences of default are written clearly.