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  • Home
  • Firm Overview
    • People
    • Careers
  • Real Estate & Property
    • Co-Op And Condominium
    • Purchase And Sale Of Homes
    • Purchase And Sale Of Buildings
    • Buyouts
    • Lease Negotiations And Drafting
  • Corporations & Businesses
    • Formation Of Corporations
    • Purchase And Sale Of Business
    • Negotiation And Drafting
    • Litigation
  • Landlord – Tenant
    • Article 78 Actions
    • Commercial Non-Payment And Holdover Proceedings
    • Yellowstone Actions
    • Residential Holdover Proceedings
    • Residential Nonpayment Proceedings
    • Article 81 Guardianship Proceedings
    • Warrant Of Eviction
    • Vacatur Of Eviction Judgments
    • Appeals
    • Rent Overcharge Complaints
    • Harassment Complaints
    • Administrative Hearings
  • For Clients
    • Your Secure Documents
  • Contact

Residential Nonpayment Proceedings

A non-payment proceeding is initiated to evict a tenant because the tenant has failed to pay rent pursuant to the terms of their lease agreement, even after the landlord has made a formal rent demand. When a tenant is served with a written rent demand, the demand will state the rent arrears that the landlord is seeking and a date by which the arrears should be paid in order to avoid litigation. However, in the event that the tenant fails to pay the outstanding rent arrears, the landlord may elect to commence a summary nonpayment proceeding. The case is commenced by service of a Notice of Petition and Petition. Upon receipt of the Notice of Petition and Petition, the tenant will answer the papers responding to the allegations made by the landlord. When the parties appear in court, there is the possibility of settlement or proceeding with the trial if the landlord and tenant cannot reach an agreement.

With over 19 years of experience prosecuting residential non-payment proceedings, David L. Moss & Associates offer the following services:

  • Preparing and serving rent demands, notices of petitions and petitions
  • Prosecuting non-payment proceedings in Housing Court and conducting settlement negotiations
  • Managing the eviction process and the issuance of warrants by the court
  • Overseeing the enforcement of all court-ordered stipulations, and
  • Defending RPAPL Article 7-A claims, HP proceedings and Warranty of Habitability matters.

We also have expertise in handling cases involving tenants receiving NYCHA and HPD Section 8 assistance, and tenants in other welfare and housing subsidy programs.

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If you need to speak with an experienced attorney about your legal situation, then please give us a call or fill out the form below!





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Contact Us

  • 370 Lexington Ave. #2102 New York,
    NY 10017
  • (212) 566-6780
  • david@mossnylaw.com

Disclaimer

The information contained on this website is intended to introduce prospective clients to David L. Moss & Associates and is not to be considered a legal opinion or an offer to represent you. This web site is not intended to establish an attorney-client relationship. Emails sent to David L. Moss & Associates using any of their email addresses would not be confidential and would not create an attorney-client relationship.

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