Notice of Nonpayment Petition

Jurisdiction: Country: United States | Province or State: New York

What is a Notice of Nonpayment Petition?

A Notice of Petition and a Petition in a nonpayment case are the court papers that start an eviction case for unpaid rent in New York. The Notice of Petition tells the tenant when and where to appear in court. The Petition lays out the facts, the rent owed, and what you want the court to order. Many people refer to the package together as the “Notice of Nonpayment Petition.” You file and serve them together after making a proper rent demand.

The forms trigger a summary proceeding in Housing Court or another local court with jurisdiction. The goal is to collect rent and, if needed, recover possession of the rental unit. These forms are not a letter or a reminder. They are formal court papers. They must follow strict content, timing, and service rules. Done right, they put the rent dispute on a fast court track.

Who Typically Uses This Form?

Landlords and property owners use this form. So do property managers acting for owners. Residential landlords use it to address unpaid apartment rent. Commercial landlords use it to address unpaid rent under a business lease. If you are a tenant, you do not fill out this form. You receive it and then decide how to respond or defend in court.

Why would you need this form?

You use this form when a tenant fails to pay rent that has come due. You want a court judgment for the rent and, if the rent remains unpaid, a warrant of eviction. You also want to preserve your rights if partial payments or promises to pay have not resolved the arrears. The form creates a clear court path to enforce the lease and recover unpaid rent.

You do not use this form for other lease breaches, like unauthorized occupants or holdover after lease end. Those require other types of petitions. You also do not use this form to ask for repairs or to challenge rent increases. It is focused on unpaid rent only.

Typical usage scenarios

You served a required written rent demand that gave the tenant at least 14 days to pay the arrears. The tenant did not pay within that time. You prepared the Notice of Petition and the Petition. You filed them with the court and then served them according to law. You now have a return date to appear and present your case.

Another scenario: You manage a small building. One tenant fell two months behind. You tried to work out a plan, but no payments came in. You itemized the arrears by month. You attached the lease and your rent ledger. You filed and served the nonpayment papers to get a court date.

In a commercial setting, your tenant’s business missed rent for three months. Late fees accrue under the lease. You served a rent demand. You then filed and served the Notice of Petition and Petition. You seek rent, late fees, and possession if the arrears are not paid.

When Would You Use a Notice of Nonpayment Petition?

Use it after a proper written rent demand expires without payment. In New York, a rent demand must give the tenant at least 14 days to pay. It should itemize what is owed and for which months. If the tenant still does not pay, you move to court. That is when these forms come in.

You also use it when informal steps failed. You called, emailed, or sent reminders. No payment came in. A demand letter alone is not enough. The Notice of Petition and Petition is the formal next step. It sets a court date and puts the tenant on notice of the case.

Residential landlords use it when a tenant falls behind on base rent, preferential rent, or a lawful rent increase. Commercial landlords use it when a business defaults on monthly base rent, additional rent, or percentage rent. “Additional rent” can include late fees, utilities, and other lease charges if the lease defines them that way. Many courts allow “additional rent” only if a lease clearly says so. If not, you may seek those charges in a separate claim.

Property managers use it when authorized by the owner and the lease allows it. If the owner is a company, counsel may be required to file and appear. In many courts, corporations and LLCs cannot appear without an attorney. Plan for that before starting the case.

You would not use this form if the only dispute is repairs or conditions. In that case, the tenant might file a case to force repairs. Your nonpayment case can still proceed, but the tenant may raise those issues as defenses or counterclaims. You proceed with the nonpayment papers, and the court will address defenses at the hearing.

Timing matters. You must meet service deadlines that tie to the court date. The papers must be served within a short window before the hearing. That window is tight. Count days carefully. Build in time for filing, obtaining a return date, and arranging service.

Legal Characteristics of the Notice of Nonpayment Petition

These papers are legally binding because they invoke the court’s power. They comply with New York’s summary proceeding rules for nonpayment of rent. When you file and serve them correctly, the court has jurisdiction over the parties and the subject matter. That is what makes orders and judgments enforceable.

Enforceability depends on four pillars. First, your predicate notice must be proper. That means a valid 14-day rent demand with an itemized balance. Second, your Petition must allege the key facts. This includes the tenancy, the rent amount, and the arrears by month. Third, you must serve the papers the right way and on time. Service rules are strict in New York. Fourth, you must verify the Petition and complete required affidavits. Courts rely on these sworn statements to enter judgments.

The Notice of Petition must state the court date, time, and place. It warns the tenant that failure to appear can lead to a default judgment. The Petition states what you want the court to order. This usually includes a money judgment for rent and a judgment of possession. The warrant of eviction only issues if the rent remains unpaid after judgment. Accepting full payment before judgment may end the case. Accepting partial payments can affect the proceeding. Note and document any payments after service.

New York courts review these papers closely. Missing or vague facts can lead to dismissal. An incorrect rent amount or missing months can raise defenses. An improper address or wrong party name can cause delays. Accuracy protects your case. Detail your rent ledger, lease terms, and notices. Use clear, consistent amounts and months.

Military status matters. If the tenant is on active duty, special protections apply. Courts often require an affidavit of nonmilitary service before a default judgment. Be prepared to address this before you seek a default.

Local practice can affect form details. Some courts issue the Notice of Petition after you file. Others allow attorneys to issue it with a return date obtained from the clerk. In either setup, the return date must comply with the service window. Do not set a date that makes timely service impossible.

How to Fill Out a Notice of Nonpayment Petition

Follow these steps to prepare, file, and serve the forms. Tailor each entry to your lease and facts. Keep everything accurate, consistent, and legible.

1) Confirm the predicate rent demand

• Make sure you served a written 14-day rent demand.
• Itemize the unpaid months and amounts.
• Use the same figures in your Petition.
• Keep proof of service of the demand. You will attach it as an exhibit.

2) Gather the key documents

• Lease and all riders or renewals.
• Rent ledger showing charges, payments, and balance by month.
• Notices sent to the tenant, including the rent demand.
• Any rent regulation documents, if applicable.
• Proof of ownership or authority to act, if needed.

3) Identify the correct court and caption

• Use the court that covers the property’s location.
• In many cases, that is the Housing Court in the county where the unit is.
• In the caption, list the plaintiff as “Petitioner” and the tenant as “Respondent.”
• Use each party’s full legal name as it appears on the lease.
• For a business tenant, use the full business name and any known trade name.
• Include the property address with apartment or suite number.

4) Draft the Notice of Petition

• Title it “Notice of Petition – Nonpayment.”
• Include the court name and county at the top.
• Include the case type: “Summary Proceeding – Nonpayment of Rent.”
• Insert the return date, time, and courtroom if known. The clerk will provide this or confirm it at filing.
• State that the Respondent must appear on that date or risk a default judgment.
• Include instructions on how to answer or appear as required by local practice.
• Do not include factual allegations here. That goes in the Petition.

5) Draft the Petition – Nonpayment

• Title it “Petition – Nonpayment.”
• Identify yourself as the owner or authorized agent. State your authority if you are a manager.
• State the tenant’s name, the premises address, and the basis of the tenancy.
• State whether there is a written lease and the lease term.
• State the current monthly rent and the day it is due.
• Itemize the arrears by month, with amounts for each month.
• State any “additional rent” if the lease defines charges that way. Be clear and support with the lease.
• State that you served a 14-day rent demand and attach it as an exhibit.
• State that the tenant failed to pay the demanded rent within the time given.
• Request relief: a money judgment for rent and a judgment of possession.
• Request issuance of a warrant if rent remains unpaid after judgment.
• Include a paragraph on jurisdiction and venue. Note that the premises are in the county of the court.
• Include any required rent regulation disclosures, if applicable.
• Attach your rent ledger and lease as exhibits. Label each exhibit clearly.

6) Verify the Petition

• Add a verification at the end of the Petition.
• Sign before a notary public. Use your full name and title if acting for a company.
• If an attorney verifies, the verification may be on information and belief. The attorney signs and dates it as allowed.
• The verification states that the facts in the Petition are true to your knowledge.

7) Prepare required affidavits and statements

• Prepare an affidavit of nonmilitary service for the tenant. You will need this if seeking a default judgment.
• If an agent signed, include a short affidavit stating your authority and relationship to the owner.
• Have all affidavits notarized.

8) Assemble exhibits and schedules

• Create a clear exhibit set. Common attachments include:
• Exhibit A: Lease and any renewals.
• Exhibit B: Rent demand with proof of service.
• Exhibit C: Itemized rent ledger by month.
• Exhibit D: Any relevant notices or lease riders.
• Reference each exhibit in the Petition where you discuss it.
• Ensure exhibit labels match the Petition references.

9) File the papers with the court

• Bring the Notice of Petition, Petition, verification, and exhibits.
• Pay the filing fee. Bring payment in an accepted form.
• The clerk will stamp the papers and assign a case number.
• Obtain the return date if not already on your Notice of Petition.
• Ask the clerk how many copies you need. Courts often require multiple sets.

10) Arrange proper service

• You cannot serve the papers yourself.
• Use a licensed process server or another adult not a party to the case.
• Service must comply with New York rules. Acceptable methods include:
• Personal delivery to the tenant.
• Substitute service on a person of suitable age and discretion at the residence or business, plus required mailing.
• Conspicuous service (posting) at the premises after due diligence, plus required mailings.
• The server must also mail copies as required. Timing and type of mail matter.
• Service must occur within the statutory window before the court date. Plan the date to allow proper service.

11) Obtain and file affidavits of service

• The server completes an affidavit for each Respondent.
• The affidavit states the date, time, method, and address of service.
• It states the mailings done and when they were sent.
• File the affidavits within the required time after service. This is often only a few days.
• Keep stamped copies for your records.

12) Manage payments and communications after service

• If the tenant pays in full, get a receipt and decide whether to discontinue.
• If the tenant pays partially, document the amount and date.
• Do not make side agreements that conflict with the Petition without documenting them.
• Bring any payment records to court.

13) Prepare for the court date

• Bring the original lease, ledger, and all exhibits.
• Bring proof of the rent demand and service.
• Bring the affidavits of service for the Petition and Notice of Petition.
• Know your numbers. Be ready to explain the arrears month by month.
• Be ready to discuss repairs or conditions the tenant may raise. Bring photos and records if relevant.

14) Signatures and form completion checklist

• Sign the Petition and verification before a notary.
• If the Petitioner is an entity, sign with your title and authority.
• Ensure the Notice of Petition is signed or issued according to local practice. In some courts the clerk signs or stamps it.
• Date all signatures.
• Check every exhibit label and reference.
• Confirm party names match the lease and the Notice of Petition.
• Confirm the premises address is complete with the unit number.

15) Common drafting tips

• Keep the rent ledger clean and chronological.
• Avoid rounding. Use exact amounts due under the lease.
• Do not include future rent not yet due. Itemize only past due months.
• If claiming late fees as “additional rent,” cite the lease clause and the rate.
• If rent is regulated, state the legal rent and any preferential rent. Attach the registration or rider if relevant.
• If there are multiple tenants, name each as a Respondent. Serve each one properly.

16) Handling special situations

• Unknown occupants: If you believe others live in the unit, consider including “John/Jane Doe” occupants to protect the warrant’s reach. Service steps still apply.
• Partial payments: Clarify whether you accept them “without prejudice.” Note this on receipts. This can preserve your claims.
• Payment plans: If you agree on a plan, put it in writing. Bring it to court for a stipulation on the record.
• Subsidized tenancies: If a subsidy pays part of the rent, itemize the tenant’s share and the subsidy share. Attach statements if needed.
• Commercial leases: Identify “additional rent” items clearly. Attach the lease sections that define them.

17) Final review before service

• Cross-check the total arrears in the Petition and the ledger.
• Confirm that the rent demand matches the Petition’s arrears period.
• Confirm the return date allows timely service.
• Confirm the process server understands the service window and methods.
• Make complete copies for you, the server, and each Respondent.

If you follow these steps, you will produce a complete and enforceable filing. The Notice of Petition tells the tenant when to appear. The Petition states the facts and relief you seek. Proper service brings the case before the court. Good records and clear itemization make your position strong.

Legal Terms You Might Encounter

• Petitioner means the party who starts the nonpayment case. If you are the landlord or property owner bringing this form, you are the petitioner. The petition lists your claims and requests relief. The Notice of Petition tells the tenant when and where to appear.
• Respondent means the party you are suing. In a nonpayment case, the respondents are the tenants or occupants who owe the rent. You must list every adult occupant you want covered by any judgment. If you leave someone out, your case may not cover that person.
• Arrears are the unpaid rent claimed in the petition. You should state the total arrears and the time period owed. Many courts expect a simple breakdown. A rent ledger attached to the petition can help support your figures.
• Use and occupancy is money for using the apartment while the case is pending. It is not back rent. Courts may order it during the case. You do not demand it in the petition, but you can ask for it at the first court date.
• Predicate notice is the rent demand served before this case. It tells the tenant the amount owed and gives time to pay. Your petition often relies on that demand. You should describe it in the petition and attach a copy.
• Service is the legal delivery of papers to the tenant. Proper service gives the court authority over the case. Your petition must be served in a way the law allows. The server then signs an affidavit that describes how the service occurred.
• Affidavit of service is a sworn statement by the server. It details where, when, and how each respondent was served. You usually must file it before the first court date. Your petition depends on it. If the service is defective, your case can be dismissed.
• Answer is the tenant’s response to your petition. It can admit, deny, or raise defenses and counterclaims. Your petition should be clear and specific, so the tenant can respond. The court uses both documents to frame the dispute.
• Default happens if a party does not appear or respond. If the tenant defaults, you may seek a judgment based on your petition and proof of service. If you default, the court may dismiss the case. Clear, accurate petitions reduce default challenges.
• Judgment is the court’s decision. In nonpayment cases, you may seek a judgment for rent arrears and possession. Your petition is your roadmap for that relief. If your petition omits a claim, the court may not grant it.
• Warrant is the enforcement document that can allow eviction if the judgment includes possession. You do not request a warrant in the petition itself. You request it after judgment. Accurate petitions help avoid delays at this stage.
• Stipulation is a written settlement between you and the tenant. It can resolve the case without a hearing. Your petition’s numbers and dates must be right, so the stipulation matches the record. Courts often review these for clarity and fairness.
• Stay is a pause ordered by the court. A stay can delay the enforcement of a judgment or warrant for a set time. If you agree to a stay in a stipulation, note the terms clearly. Your petition remains the base record for what is owed.
• Verification is a signed statement that the facts in your petition are true to your knowledge. Some courts require verification by the petitioner. If an agent signs, confirm they have authority and access to the records.

FAQs

Do you need to send a rent demand before filing?

Yes, in most cases, you should serve a written rent demand first. It should state the total owed and the period due. Keep a copy and proof of how you served it. Your petition should reference the demand and attach it.

Do you have to attach a rent ledger to the petition?

You should attach a simple ledger if available. List charges by month and the running balance. This helps the court and the tenant see how you calculated arrears. A clear ledger can prevent disputes and delays on your first court date.

Do you include late fees, legal fees, or utilities in arrears?

List only charges allowed under the lease and applicable rules. Separate rent from other charges in your ledger. If you seek other charges, label them clearly and explain the basis. Avoid padding the claim. Courts often disallow unsupported add-ons.

Do you need the tenant’s full legal name?

Use full legal names if you have them. Confirm spelling from the lease, applications, or prior payments. If you are unsure, list the name as it appears on the lease and include “and all other occupants” to cover unnamed adults in the unit.

Do you file one petition for each apartment?

Yes, file one petition per rental unit. If multiple tenants are on the lease for one unit, include them all in the same case. Do not combine claims from different apartments in one petition. Separate units need separate filings.

Do you have to update the amount owed after filing?

Yes, you should keep your figures current. You can bring an updated ledger to court showing payments received after filing. If the changes are large or affect the time period claimed, you may seek to amend the petition with the court’s permission.

Do you need a nonparty to serve the papers?

Yes, have someone who is not a party to the case serve the papers. They must be an adult and follow the service rules. They will complete an affidavit of service. File that affidavit with the court by the deadline you receive from the clerk.

Do you still have to appear if the tenant pays before court?

You should still appear unless the court tells you otherwise in writing. Bring proof of payment and a proposed stipulation to discontinue the case. If the account is now current, you can ask the court to end the case without costs.

Checklist: Before, During, and After the Notice of Nonpayment Petition

Before signing: Information/documents needed

• Lease and any renewals.
• Rent ledger showing monthly charges and payments.
• Written rent demand and proof of service.
• Tenant names, contact information, and unit details.
• Building address and apartment number. Include floor or line if applicable.
• Security deposit records, if relevant to offsets.
• Prior stipulations or court orders affecting rent.
• Authority documents if an agent will sign (management agreement or power of attorney).
• Any notices related to rent changes.
• Records of communications about rent disputes.
• Verification of rent regulatory status, if applicable to your building.
• Accurate calculation of arrears through the filing date.

During signing: Sections to verify

• Petitioner information: correct legal name and mailing address.
• Respondent names: full names and spelling, plus “all other occupants.”
• Premises description: exact apartment number and full street address.
• Arrears amount: total due and time period covered.
• Breakdown of rent: monthly rate, start date of arrears, and credits applied.
• Predicate notice: attach the rent demand; confirm date served.
• Relief requested: rent judgment and possession, if appropriate.
• Verification: sign and date. If an agent signs, add title and authority.
• Attachments: lease copy, ledger, demand, and any required notices.
• Notary: if required, sign in front of the notary with ID.
• Exhibits labeling: clear labels (e.g., Exhibit A: Lease; Exhibit B: Ledger).
• Consistency checks: names and figures match across every page.

After signing: Filing, notifying, storing instructions

• File the Notice of Petition and Petition with the court clerk. Pay any fee.
• Obtain your case number and the assigned return date or time frame.
• Make service copies for each respondent and one for your records.
• Arrange service by a qualified nonparty. Give them clear instructions.
• Calendar the deadline to file affidavits of service. Do not miss it.
• File affidavits of service with the clerk before the court date.
• Prepare a hearing folder: originals, copies, ledger, calculator, and blank stipulation.
• Bring proof of all payments received after filing.
• Store a complete set of filed papers and receipts in a secure folder.
• Update your ledger weekly. Note any partial payments and communications.

Common Mistakes to Avoid Notice of Nonpayment Petition

• Don’t forget the rent demand. Missing a valid demand can sink your case. The court may dismiss without reaching the merits. That means filing fees are lost and more delay before you can refile.
• Don’t pad the arrears. Adding late fees or other charges without support invites disputes. The court can reduce your claim or question your records. Keep rent separate from other charges and justify every dollar.
• Don’t use the wrong address or unit number. A small error can cause service problems. The court may find service defective and dismiss the case. Double-check the building number, apartment, and any suffix.
• Don’t skip the affidavit of service filing. Even if the tenant got the papers, the lack of filed proof defeats jurisdiction. Your case can be adjourned or dismissed. File timely and keep stamped copies.
• Don’t ignore payments after filing. If the tenant pays, your petition must reflect it. You risk a credibility hit if your numbers are outdated. Bring an updated ledger and adjust your request in court.

What to Do After Filling Out the Form Notice of Nonpayment Petition

1. File with the court clerk. Bring the signed Notice of Petition, Petition, and all exhibits. Pay the filing fee and get your case number. Ask how and when the court will set the first appearance.
2. Serve the papers. Hire or assign a qualified nonparty to serve each respondent. Provide the exact address, apartment number, and permissible service times. Instruct the server to keep detailed notes for the affidavit.
3. File affidavits of service. Once served, collect the original affidavits. File them with the clerk before the deadline. Keep a copy in your file. Without these, you cannot proceed on the return date.
4. Prepare for the first court appearance. Print a current ledger reflecting any payments since filing. Bring copies of the lease, demand, and proof of service. Draft a proposed stipulation template with payment dates and amounts.
5. Attend the court date. Check in early. Confirm service status and any payments. If the tenant appears, discuss settlement terms that keep the account current and protect your interests. If the tenant does not appear, request the relief supported by your petition and proof.
6. Document any agreement. If you settle, write a clear stipulation. Include payment schedule, any stay of enforcement, and default terms. Avoid vague language. Make sure both sides sign and receive copies.
7. Follow through after judgment if you receive a money judgment, and track payments. If enforcement is permitted, request it only after confirming any stays have expired. Keep communications professional and documented.
8. Consider amending if you find errors. If you discover a material mistake in names, dates, or amounts, ask the court for permission to amend. Bring corrected papers and be ready to explain the changes. Fixing issues early reduces delay.
9. Update your records. Enter any court orders into your account system. Tag the case outcome and next review date. Store all papers and digital copies in a secure, organized location.
10. Communicate with stakeholders. If you use a manager or accountant, share the filed petition, ledger, and court schedule. Align on who will collect, who will appear, and who will monitor compliance with any stipulation.
11. Plan for future prevention. Review why arrears grew. Consider earlier reminders, payment plans, or clearer billing. Tight processes reduce repeat cases.