April 05, 2025
In New York City, when a tenant stops paying rent, the process to resolve the situation is not as quick or simple as many landlords might hope.
Whether you're a property owner trying to protect your investment or a tenant navigating financial hardship, it’s important to understand how the legal process plays out — and it all starts with timing and due process.
Once a tenant misses a rent payment, most landlords wait a few days before taking action. While there's no legal grace period required, many leases include a 5-day window before late fees kick in. It's typical for landlords to send a reminder or notice to pay during this time.
If rent isn’t paid after that initial grace period, the landlord must serve the tenant with a 14-Day Notice to Pay or Quit. This is a formal legal document demanding full payment of back rent within 14 days or risk facing eviction proceedings. It must be served properly (often by a process server), and once it’s delivered, the countdown begins.
If no payment is made within those 14 days, the landlord can file a Non-Payment Petition in Housing Court. This starts the formal eviction process. Depending on how busy the court is and how quickly documents are served, the first court date can take several weeks to be scheduled — sometimes even longer.
From a landlord's perspective, this is where delays and costs can start piling up. You’ll need legal representation (or be very confident going pro se), and every additional day without rent is money lost.
At the court date, the tenant can raise defenses such as improper notice, uninhabitable living conditions, or disputes over the amount owed. If the tenant doesn't show, a default judgment may be issued. If they do show, the judge may adjourn the case or push both parties to negotiate a payment plan or settlement.
For tenants, this can be an opportunity to catch up on rent or make a case for why they shouldn’t be evicted — especially if they've applied for rental assistance or are facing temporary financial hardship.
If the landlord wins in court and the tenant still doesn’t pay or vacate, the landlord can request a Warrant of Eviction. The City Marshal is then authorized to remove the tenant — but even this doesn’t happen overnight. The marshal must give at least 14 days' notice before the eviction takes place.
In practice, from the moment a tenant stops paying to the day they're legally evicted, it can take 3 to 6 months — or longer if the tenant fights the case, applies for aid, or requests additional time in court.
New York City has strong tenant protections, especially after the Housing Stability and Tenant Protection Act of 2019. For example:
For landlords, the best defense is a solid screening process and a clear lease. For tenants, open communication can go a long way — especially if financial issues are temporary.
The system leans toward giving tenants time and opportunity to correct issues, so it's important for landlords to stay patient, documented, and legally compliant at every step.
Whether you’re a small-time investor with a duplex in Brooklyn or managing a portfolio in the Bronx, understanding the eviction timeline helps you plan ahead and protect your property.
Disclaimer: This content is meant for informational purposes only and is not intended to be construed as financial, tax, legal, or insurance advice.
