Non-Payment Cases
Non-payment eviction cases are legal actions brought by landlords when a tenant has failed to pay rent. Unlike holdover cases, where eviction is sought for reasons other than unpaid rent (like lease violations or expiration), non-payment cases specifically focus on rent owed. In these cases, landlords must follow strict legal procedures before they can seek to remove a tenant from the property.
At [Firm Name], we provide strategic legal guidance to both landlords and tenants involved in non-payment disputes. Whether you're a property owner trying to collect overdue rent or a tenant facing eviction due to hardship or disputes, our experienced attorneys are here to ensure your rights are protected.
Our Services
We assist clients with:
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Drafting and serving Rent Demand Notices
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Filing or responding to non-payment petitions
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Representing clients in Housing Court proceedings
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Negotiating Stipulations of Settlement
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Defending against wrongful eviction
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Addressing claims of rent overcharges or habitability issues
Legal Process in a Non-Payment Case
1. Rent Demand
The first step is a formal Demand for Rent — usually a 14-day written notice served to the tenant requesting payment of rent due.
2. Filing the Petition
If the tenant does not pay within the notice period, the landlord may file a Notice of Petition and Petition with the court. This begins the formal legal process.
3. Service of Papers
Court papers must be served following the law. Improper service is a valid defense and can delay or dismiss the case.
4. Court Appearance
Tenants must appear in court on the specified date. If they don’t, the landlord may win a default judgment, resulting in eviction.
5. Answer and Defenses
Tenants can raise defenses including:
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Payment was already made
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Improper service of court papers
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Unsafe or uninhabitable conditions in the unit
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Rent was withheld due to necessary repairs
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Retaliatory eviction
Tenants may also file counterclaims for things like overpayment or landlord harassment.
6. Settlement or Trial
Cases often settle with agreements on payment plans or move-out terms. If no settlement is reached, the case proceeds to trial.
7. Judgment and Eviction
If the landlord wins, the court may issue a judgment for possession and a warrant of eviction. Eviction cannot occur without proper notice and enforcement by a Marshal, Sheriff, or Constable.
Tenant Rights & Protections
Tenants in rent-regulated apartments, or those receiving Section 8 or other subsidies, have additional rights and notice requirements. Also, New York’s Good Cause Eviction laws may provide further protection depending on your circumstances.
Need Legal Help?
Whether you're a landlord seeking rent recovery or a tenant navigating an eviction notice, our legal team can guide you. We ensure compliance with Real Property Actions and Proceedings Law (RPAPL) and help avoid missteps that could result in costly delays or unfair outcomes.
Backlinks:
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Lease Disputes
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Rent Collection
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Eviction Defense
Related Resources
Visit our Resources/FAQs section to access:
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Sample legal forms
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Blog posts on eviction defenses
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Rent withholding rules
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Guide to court procedures
Have questions? Contact Us for a free consultation.