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How NYC Landlord-Tenant Proceedings Work: A Practical Guide for Nonpayment and Holdover Cases

 

    If you own or manage property in New York City, understanding how a landlord-tenant case actually unfolds in New York City Housing Court is critical. This guide breaks down the step-by-step process for the two primary types of cases:

 

1. Nonpayment proceedings (rent arrears)
2. Holdover proceedings (possession disputes)

 

    For the difference between Nonpayment proceedings and Holdover proceedings, read Common Pitfalls in NYC Eviction Proceedings for Landlords: Avoid These Costly Mistakes. Essentially, a nonpayment case is used when rent is owed, and the landlord may seek both a money judgment and possession. However, the tenant can stop the eviction by paying all arrears before execution of the eviction warrant. A holdover proceeding, by contrast, is used when the goal is to terminate the tenancy (termination grounds include lease expiration, violations, nuisance). Once the lease is terminated, the landlord may no longer collect rent.

 

Part 1: Nonpayment Proceedings (NYC)

    A nonpayment case is used when a tenant owes rent but remains in possession.

 

 

1. Step 1: Under Real Property Law §235-e(d), landlords must send a 5-day rent reminder notice via certified mail after rent becomes overdue. If tenant pays in full, the case ends.

 

2. Step 2: The Landlord serve a 14-day rent demand with GCE notice (Good Cause Eviction-related notice, if applicable) + Debt collection disclosures where required. Service must be done properly (often via process server).

 

3. Step 3: After service of the rent demand, confirm whether the arrears demanded in the rent demand were paid.

 

4. Step 4: If the arrears remain unpaid, the landlord:

 

• Files the following:
  • Petition
  • Notice of Petition
  • Supporting notices (5-day, 14-day, GCE, etc.)
• Pay $45 index number fee
• Court assigns:
  • Index number (1–3 days)
  • Case entry into New York State Courts Electronic Filing System

 

5. Step 5: Serve petition package via process server. File Affidavit of Service (AOS) within 3 days.

 

6. Step 6: Court schedules first appearance. Notice uploaded to NYSCEF and emailed to counsel.

 

Nonpayment Timeline Summary

    From first missed payment to court:

 

• ~5 days → rent reminder
• +14 days → demand period
• +1–3 days → filing
• +service + scheduling

 

    Typical total: ~3–5 weeks before the first Court appearance.

 

Part 2: Holdover Proceedings (NYC)

    A holdover case seeks possession, not just rent. These cases take longer and are more complex because they depend on the type of tenancy and grounds for removal.

 

 

1. Step 1: The required notice depends on the situation. Generally, the main notices are:

    

                    A. Cure-Based Cases (Lease Violations)

• Serve Notice to Cure

• Follow with Notice of Termination if not cured

 

                    B. Month-to-Month Tenancies

                      Serve termination notice based on occupancy length:

• 30-day notice

• 60-day notice

• 90-day notice

 

                    C. Licensees / Squatters

                      Serve 10-day Notice to Quit

 

2. Step 2: The notices (including the GCE notice) must be served via process server. If tenant cures or vacates, the case ends.

 

3. Step 3:  If not cured, Tenancy is terminated. This means that the Landlord should stop accepting rent (critical). If the Landlord collects rent following termination, the tenancy is deemed “revived.” Read more here.

 

4. Step 4: The Petitioner 

 

• File:
  • Petition
  • Notice of Petition
  • Predicate notices
  • Required disclosures
• Pay $45 index number fee.

 

 

    5. Step 5: the Court assigns Index number and Court date (within ~1–3 days of filing the Petition papers).

 

    6. Step 6: the Petition must be served 10–17 days before the court date. Also, the AOS must be filed within 3         days of service of the Petition papers.

 

Holdover Timeline Summary

 

    Because of required notices:

 

• 10–90 days → predicate notice period
• filing and service

 

    Typical total:  3 months before the first Court appearance.

 

 

What Happens After a Landlord Wins an NYC Housing Court Case?

 

    Winning a nonpayment or holdover proceeding in New York City Housing Court does not automatically result in the immediate removal of the tenant. After obtaining a judgment of possession, landlords must still complete the post-judgment eviction process, which typically includes obtaining a warrant of eviction, coordinating with a New York City Marshal or Sheriff, and complying with statutory notice requirements before a physical eviction may occur.

 

    In most NYC eviction cases, the landlord must apply for issuance of a warrant of eviction after the court awards possession of the apartment or commercial space. Once the warrant is issued, it is delivered to a New York City Marshal, who serves a Notice of Eviction upon the tenant. In residential eviction proceedings in New York City, the Notice of Eviction generally provides the tenant with at least fourteen (14) days before the marshal may execute the eviction. However, the actual eviction timeline may vary significantly depending on Housing Court motions, payment disputes, hardship applications, bankruptcy filings, or Orders to Show Cause seeking a stay of the eviction.

 

    Understanding the warrant and marshal enforcement process is critical for landlords, management companies, investors, and attorneys handling New York City landlord-tenant matters. For a detailed explanation of how landlords obtain and enforce warrants of eviction in NYC Housing Court, including marshal procedures, Notice of Eviction requirements, stays of execution, lockout timelines, and common delays, read the full guide: “How NYC Landlords Obtain an Eviction Warrant.”