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:
- Nonpayment proceedings (rent arrears)
- 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.
- 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.
- 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).
- Step 3: After service of the rent demand, confirm whether the arrears demanded in the rent demand were paid.
- 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
- Step 5: Serve petition package via process server. File Affidavit of Service (AOS) within 3 days.
- 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.
- 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
- Step 2: The notices (including the GCE notice) must be served via process server. If tenant cures or vacates, the case ends.
- 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.
- 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.