Nonpayment eviction lawyer for Capital Region landlords

A nonpayment case rests on one ground: the tenant hasn’t paid rent due under the rental agreement, whether that agreement is written or oral, and the rent has been demanded in writing (RPAPL 702(1), 711(2)). Under New York law, a tenant or other lawful occupant of a home can be removed only through a court case like this one (RPAPL 711).

Two nearby situations call for a different case:

• If the tenant’s term has expired and the tenant remains without your permission, it’s a holdover case (RPAPL 711(1)).
• If the occupant isn’t a tenant, such as a guest you’ve told to leave, or a squatter, it’s a licensee or squatter case (RPAPL 713(3), (7)).

This page covers residential rentals. A commercial case gets a quote once we’ve reviewed it.

A nonpayment case involves two different notices, with different triggers and different jobs.

The 14-day rent demand

This is the notice the case is built on: a written demand for the rent that gives the tenant at least 14 days’ notice and requires, in the alternative, payment of the rent or possession of the unit (RPAPL 711(2)). In a residential case, “rent” means the monthly or weekly amount charged for the use of the home under the rental agreement (RPAPL 702(1)).

The demand has to be served on the tenant as RPAPL 735 prescribes, the statute that also governs serving the petition if the case is filed (RPAPL 711(2), 735). We draft the demand and arrange its service.

It also has to include, or attach, a notice saying whether the unit is covered by the Good Cause Eviction Law, and if the unit is exempt, why (RPAPL 711(2); RPL 231-c). That notice goes with the demand whether or not the unit is covered.

The 5-day late notice

This one is separate from the rent demand. If rent isn’t received within five days of the due date in the lease, the landlord, or an agent authorized to receive rent, must send the tenant a written notice by certified mail stating that the payment wasn’t received (RPL 235-e(d)).

If that notice isn’t sent, the tenant may use that as an affirmative defense in an eviction case based on nonpayment (RPL 235-e(d)). It doesn’t take the place of the rent demand, which is its own requirement (RPAPL 711(2)).

If Good Cause Eviction applies

For property in a Good Cause municipality, we check whether the law covers the rental and follow what it requires, as part of your case (RPL Article 6-A). Which municipalities have opted in, and as of what date, is covered in our Good Cause Eviction answer.

If the rent demand’s 14 days pass and the tenant hasn’t paid or given up possession, the case can be filed (RPAPL 711(2)). The petition states the facts the case is based on and the relief you’re asking for, which can include a judgment for the rent due (RPAPL 741(4), (5)). It carries the same Good Cause notice as the rent demand (RPAPL 741(5-a); RPL 231-c).

The court that hears the case is set by the property’s location (RPAPL 701(2)). If the rental is in a city, such as Albany, Schenectady, Troy, or Saratoga Springs, the city court can hear the case (UCCA 204). Outside a city, a town or village court can hear it (RPAPL 701(1), (2)).

For the whole sequence, from our attorney’s review to court dates and your choice if a warrant issues, see how a case moves.

Albany and Schenectady: proof of registration

For the Cities of Albany and Schenectady, state law adds a requirement for the petition. If the rental is subject to a local law requiring registration as a condition of legal rental, the petition must allege proof that the rental complies with that law (RPAPL 741(6), (9)).

Both cities have such a law: Albany’s rental dwelling registry and residential occupancy permit (Albany City Code ch. 231, pt. 4) and Schenectady’s landlord registration (Schenectady City Code ch. 210, art. II). Albany City Court’s rules of practice also require a copy of the unit’s most recent permit to be submitted with an eviction case (Albany City Code § 30-323).

A residential nonpayment case is a flat-fee case. Our pricing page explains:

• What the flat fee includes
• Additional costs, if your case needs them
• Optional warrant coordination
• What’s not included
• When you’re charged

A late fee is separate from the eviction case. New York allows one only if the rent hasn’t been paid within five days of its due date, and caps it at “fifty dollars or five percent of the monthly rent, whichever is less” (RPL 238-a(2)).

Even an allowed late fee can’t be part of a nonpayment case, whatever the lease says (RPAPL 702(1)).