Representation Of Owners In Nonpayment Proceedings

The representation of property owners in commercial and residential nonpayment rent proceedings is a hallmark of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C. Many of our attorneys concentrate on this practice area. We represent owners of properties in all five boroughs of New York, and in Nassau, Suffolk and Westchester counties.

What Is A Nonpayment Proceeding?

A nonpayment proceeding is a statutory proceeding that can only be commenced in Housing Court. When a tenant or another occupant of a property has not paid the rent that is due, an owner, roommate, primary tenant or another party who holds the lease may begin nonpayment proceedings in order to recover the money that is owed.

The Process

We will prepare your nonpayment petition based upon your specific situation and help you move through the process as smoothly as possible. In addition to preparing rent demands and notices of petitions and petitions, your summary proceeding will be expertly handled, including assessing the strength and weaknesses of the tenant’s defenses and counterclaims.

State law requires property owners to follow a specific procedure when initiating a nonpayment claim:

• First, the property owner must demand the unpaid rent from the tenant in writing. The document must inform the tenant of the exact amount owed and tell them that if it is not paid within 14 days, the property owner will be evicted.
• The property owner must give the tenant 14 days to catch up on rent.
• If, after 14 days, the tenant has not paid the rent, the property owner can file a nonpayment proceeding with Housing Court. The owner must properly serve the tenant with notice of process.

Our goal is to expeditiously resolve your case by trial or settlement. We will ensure that you follow all legal requirements in your filing, monitor the proceeding and oversee enforcement of all court-ordered stipulations and judgments.

Confronting Tenant Counterclaims

Commercial and residential tenants in New York have several defenses they can potentially raise against a nonpayment proceeding, though they must prove that their defense is legitimate. Common defenses include:

• No service of process or improper service
• Lack of standing, i.e., the party that filed the lawsuit is not the property owner
• The property owner did not demand the unpaid rent in writing from the tenant prior to filing suit
• The amount the property owner is seeking is more than the tenant owes
• The tenant tried to pay the rent but the property owner refused to accept it
• The tenant has paid all or some of the outstanding rent
• The property owner has failed to provide necessary repairs or services, or the tenant paid for repairs themselves

Our attorneys are familiar with the strategies tenants often use to try to avoid paying off the rent they owe. We will build a case based on the facts, such as the details of the court documents and rent payment history, and the law to demonstrate that the evidence does not support any of the defenses presented. Our clients enjoy efficient legal representation that enforces their rights under their lease and the law.

Learn More During A Consultation With Us

If one of your tenants is not meeting their obligations to pay rent, we invite you to reach out to us today by calling 855-720-2776 or by sending us an email to arrange your consultation with a member of our team. Borah Goldstein has extensive experience inside and outside of the courtroom in resolving landlord-tenant disputes.