NYS Landlord's Guide to Nonpayment Eviction Proceedings – 2025

(No reviews yet) Write a Review
SKU:
NYS Landlord's Guide to Nonpayment Eviction Proceedings – 2025
MPN:
NYS Landlord's Guide
$0.00
Frequently bought together:

Description

FREE NYS Landlord's Guide to Nonpayment Eviction Proceedings – 2025

Official New York State Court Guide | 32 Pages | Free PDF Download

Learn about the legal process for handling unpaid rent and nonpayment eviction proceedings in New York State.

This free 32-page guide, published in May 2025 by the New York State Unified Court System – Office of Trial Court Support, provides step-by-step information for landlords who need to understand the court procedures involved when tenants fail to pay rent.

IMPORTANT: This guide applies to courts OUTSIDE New York City. It is not an NYC Housing Court eviction guide.

The publication includes explanations of landlord responsibilities, required notices, court filing procedures, service requirements, court hearings, judgments, and official eviction forms.

IMPORTANT DISCLAIMER – NEW YORK STATE (NYS) ONLY – NOT NEW YORK CITY (NYC): This free landlord guide and its accompanying court forms are intended exclusively for nonpayment eviction proceedings in New York State courts OUTSIDE New York City. They are NOT intended for use in New York City, including Brooklyn, Queens, Manhattan, the Bronx, and Staten Island, where different Housing Court procedures and forms may apply. Landlords should verify that the documents are appropriate for their property's location before using or filing them. This information is provided for educational purposes only and does not constitute legal advice. We strongly recommend consulting a qualified landlord-tenant attorney and confirming current requirements with the appropriate court before taking legal action.

1. Understanding Nonpayment Eviction in New York State

A nonpayment eviction proceeding is a legal process through which a landlord asks the court to recover possession of a rental property because a tenant has failed to pay rent.

The guide explains the difference between two common eviction proceedings:

  • Nonpayment Eviction: A tenant has failed to pay rent owed.

  • Holdover Eviction: A tenant remains in possession after their legal right to occupy the property has ended.

This publication specifically addresses nonpayment eviction cases and explains the procedures landlords must follow before requesting a court judgment.

2. Required Notices Before Filing an Eviction Case

The guide explains the notices landlords must provide before beginning a nonpayment eviction proceeding.

5-Day Notice of Past Due Rent

When rent remains unpaid more than five days after its due date, the landlord must send the tenant a written late-rent notice by certified mail.

14-Day Written Demand for Past Due Rent

Before filing a nonpayment eviction case, the landlord must arrange for a written demand to be served on the tenant.

The demand identifies the unpaid rent and gives the tenant 14 days after service to pay the overdue amount before a court case can begin.

The guide also includes the New York State Good Cause Eviction Law Notice, which must accompany the written demand.

If the tenant pays all overdue rent within the required period, the landlord cannot begin a nonpayment eviction proceeding based on that unpaid amount.

3. Filing a Nonpayment Eviction Case

The publication explains how to begin a nonpayment proceeding in the appropriate court outside New York City.

Topics include:

  • Identifying the correct City, Town, Village, or District Court.

  • Completing the Notice of Petition – Nonpayment.

  • Preparing the Eviction Petition – Nonpayment.

  • Identifying tenants and rental property information.

  • Documenting unpaid rent.

  • Attaching required notices and proof of service.

  • Paying applicable court filing fees.

  • Obtaining the court index number and hearing date.

The guide also describes the New York State Courts' Do-It-Yourself (DIY) program and eligibility requirements for certain small-property landlords.

4. Serving Eviction Court Papers

Proper service of court documents is an essential part of a nonpayment eviction proceeding.

The guide describes three methods of service:

Personal Delivery: Court documents are delivered directly to the tenant.

Substituted Service: Documents are delivered to an eligible person at the property, followed by required mailings.

Conspicuous Place Service: Under specified conditions, documents may be attached to or placed under the tenant's door, followed by required mailings.

The guide explains service deadlines, who may serve legal papers, and the importance of filing proof of service with the court.

Improper service may provide a tenant with a defense against the eviction proceeding.

5. What Happens in Landlord-Tenant Court?

The guide provides an overview of what landlords can expect when attending court for a nonpayment eviction case.

It explains:

  • Preparing rental agreements, payment records, and other evidence.

  • Appearing before the judge.

  • Settlement agreements between landlords and tenants.

  • Mediation as an alternative to trial.

  • Presenting evidence and witnesses at trial.

  • Common tenant defenses.

  • Possible court judgments and dismissal of cases.

Landlords should understand that filing an eviction petition does not automatically result in eviction. The court reviews the case and determines the appropriate outcome.

6. Court Judgments and Enforcement of Evictions

If the court rules in favor of the landlord, the judge may issue a judgment allowing the landlord to recover possession of the property and potentially collect overdue rent.

The guide explains the warrant of eviction and the role of authorized enforcement officers.

Landlords cannot personally carry out a physical eviction.

Only an authorized enforcement officer, such as a sheriff, marshal, or constable, may enforce a warrant of eviction.

The publication also explains the required 14-day eviction notice from the enforcement officer and the possibility of court-ordered delays, appeals, or applications to reopen a case.

7. Free NYS Landlord Court Forms Included

This PDF contains the following forms:

Form 1 – 5-Day Notice of Past Due Rent

A written notice informing tenants that their rent payment is overdue.

Form 2 – Written Demand for Past Due Rent with Good Cause Eviction Law Notice

A formal demand identifying unpaid rent and providing the required payment period, accompanied by the Good Cause Eviction Law Notice.

Form 3 – Notice of Petition – Nonpayment (UCS-LTN1)

An official court form notifying the tenant of the nonpayment eviction proceeding and scheduled court appearance.

Form 4 – Eviction Petition – Nonpayment (UCS-LTN2)

An official petition used to request court relief involving unpaid rent and possession of rental property.

The guide also includes a glossary explaining common legal terms used in landlord-tenant proceedings.

8. Who Should Download This Guide?

This free publication may be useful for:

  • New York State residential landlords.

  • Small rental property owners.

  • Property managers.

  • Real estate investors.

  • Building owners handling unpaid rent.

  • Landlords seeking information about court forms and filing procedures.

  • Individuals researching New York State landlord-tenant court requirements.

Geographic limitation: This guide is intended for eviction proceedings in courts outside New York City. Landlords with properties in Brooklyn, Queens, Manhattan, the Bronx, or Staten Island should consult the appropriate NYC Housing Court resources instead.

9. Publication Information

Document: Landlord's Guide to Nonpayment Eviction Proceedings

Publisher: New York State Unified Court System

Office: Office of Trial Court Support

Publication Date: May 2025

Document Length: 32 Pages

Format: PDF

Price: FREE

Coverage: Courts Outside New York City

10. Important Legal Disclaimer

This document is provided free of charge for general educational and informational purposes only.

The guide was published by the New York State Unified Court System. Our website is an independent resource and is not affiliated with, endorsed by, or acting on behalf of the New York State Unified Court System or any government agency.

We do not provide legal advice, legal representation, or legal services. Laws, court procedures, filing requirements, and official forms may change.

Before preparing or filing any eviction documents, consult a qualified New York State landlord-tenant attorney and verify current requirements with the appropriate court.

Downloading or using this document does not establish an attorney-client relationship.

Disclaimer

This article is provided by HPD Signs NYC for general educational and informational purposes only. It does not constitute legal advice or establish an attorney-client relationship. Housing laws, exemptions, rent thresholds, and notice requirements may change. Property owners and managers are responsible for determining which laws apply to their buildings and for consulting qualified legal professionals when necessary.

HPD Signs NYC is an independent signage supplier and is not affiliated with the New York State Attorney General, NYC HPD, or any government agency.

 

LEGAL DISCLAIMER, LIMITATION OF LIABILITY, AND TERMS OF USE

INDEPENDENT SMALL FAMILY-OWNED BUSINESS NOTICE

We are an independent privately owned small family-owned business operating in the United States.

We are NOT the City of New York, HPD, DOB, FDNY, DSNY, DEP, DOT, DHCR, HUD, OSHA, EPA, FEMA, any state agency, any federal agency, or any governmental, quasi-governmental, regulatory, enforcement, housing, building, fire, transportation, sanitation, environmental, health, public safety, or public authority organization.

We are not affiliated with, endorsed by, approved by, sponsored by, authorized by, certified by, partnered with, or connected in any manner with any governmental agency or authority.

Any references to governmental agencies, laws, regulations, codes, standards, ordinances, inspections, notices, permits, requirements, compliance programs, enforcement actions, or public resources are provided solely for informational and descriptive purposes and do not imply endorsement, approval, certification, sponsorship, authorization, partnership, or affiliation.

Many governmental publications, flyers, brochures, forms, notices, checklists, and educational materials referenced, reproduced, summarized, attached, linked, or distributed by our company are publicly available documents that may be obtained directly from the applicable government agency, often at no charge.

INFORMATIONAL PURPOSES ONLY

All content, products, services, signs, sign packages, notices, brochures, flyers, downloadable files, PDF documents, checklists, product descriptions, blog articles, compliance guides, customer communications, emails, specifications, marketing materials, and related information are provided solely for general informational and educational purposes.

Information may become outdated, amended, revised, superseded, interpreted differently, or withdrawn without notice.

Laws, regulations, building codes, fire codes, housing requirements, inspection procedures, accessibility requirements, environmental regulations, insurance requirements, safety standards, and governmental policies frequently change and may vary by jurisdiction, occupancy type, building classification, property use, location, agency interpretation, and individual circumstances.

We make no representation, warranty, or guarantee that any information provided is accurate, complete, current, reliable, applicable, legally sufficient, or appropriate for any specific situation.

Users assume all risk associated with reliance upon any information provided.

NO PROFESSIONAL ADVICE

Nothing provided by our company shall be construed as:

• Legal advice
• Engineering advice
• Architectural advice
• Fire protection advice
• Life safety advice
• Accessibility advice
• ADA compliance advice
• Building code advice
• Fire code advice
• Housing code advice
• Inspection advice
• Regulatory advice
• Tax advice
• Insurance advice
• Real estate advice
• Environmental advice
• Construction advice
• Property management advice
• Professional consulting services of any kind

No attorney-client, consultant-client, architect-client, engineer-client, contractor-client, professional-client, or fiduciary relationship is created through the use of our website, purchase of products, receipt of materials, or communication with our company.

Customers should consult qualified attorneys, architects, engineers, code consultants, licensed contractors, fire protection professionals, insurance professionals, accountants, and applicable governmental authorities regarding their specific circumstances.

GOVERNMENT PUBLICATION DISCLAIMER

Any government-related document, brochure, flyer, checklist, guide, notice, publication, form, or educational material distributed by our company is provided solely as a convenience to customers.

Such materials remain the property of their respective agencies and organizations.

Our company does not create, maintain, update, approve, certify, validate, or control the contents of such governmental publications.

Government agencies may revise, amend, replace, withdraw, reinterpret, or update such materials at any time without notice.

Customers should always consult the original official governmental source for the most current information.

Official government publications, agency guidance, statutes, regulations, rules, code provisions, interpretations, and enforcement positions shall always control over any summary, reproduction, attachment, description, reference, or explanation provided by our company.

CUSTOMER RESPONSIBILITY FOR COMPLIANCE

The customer, property owner, landlord, management company, architect, engineer, contractor, installer, purchaser, building owner, consultant, and end user bear sole and exclusive responsibility for determining:

• Whether signage is required
• What signage is required
• Applicable laws and regulations
• Sign wording and content
• Sign dimensions and specifications
• Material requirements
• Installation requirements
• Placement requirements
• Inspection requirements
• Permit requirements
• Accessibility requirements
• Fire safety requirements
• Building safety requirements
• Environmental requirements
• Insurance requirements
• Operational requirements

Purchasing any sign, sign package, decal, placard, marker, notice, template, guide, checklist, flyer, brochure, or informational material from us does not constitute compliance with any law, code, regulation, ordinance, permit, inspection requirement, insurance requirement, governmental directive, court order, or regulatory obligation.

SIGNAGE DISCLAIMER

All signs, labels, notices, placards, decals, markers, plates, directories, room identification signs, building signs, compliance signs, and related products are provided solely as physical products.

We do not certify, guarantee, warrant, represent, or promise that any product:

• Meets any legal requirement
• Meets any code requirement
• Passes any inspection
• Satisfies any governmental requirement
• Creates legal compliance
• Creates regulatory compliance
• Meets insurance requirements
• Meets accessibility requirements
• Meets ADA requirements
• Meets OSHA requirements
• Meets FDNY requirements
• Meets HPD requirements
• Meets DOB requirements
• Prevents injury or property damage
• Eliminates legal obligations
• Eliminates regulatory obligations

The purchaser is solely responsible for determining suitability for the intended application.

INSTALLATION DISCLAIMER

Improper installation may create safety hazards, accessibility issues, regulatory violations, inspection failures, property damage, personal injury, or death.

We assume no responsibility whatsoever for:

• Installation methods
• Installation locations
• Placement decisions
• Fasteners selected
• Adhesive selection
• Structural attachment methods
• Mounting surfaces
• Electrical connections
• Maintenance practices
• Visibility requirements
• Accessibility requirements
• Inspection outcomes

All installation decisions remain the sole responsibility of the purchaser, installer, contractor, property owner, and building owner.

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PRODUCTS, SERVICES, INFORMATION, DOCUMENTS, DOWNLOADS, PUBLICATIONS, COMMUNICATIONS, AND MATERIALS ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE."

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY
• COMPLETENESS
• RELIABILITY
• PERFORMANCE
• DURABILITY
• CODE COMPLIANCE
• REGULATORY COMPLIANCE
• INSPECTION APPROVAL

NO ORAL OR WRITTEN STATEMENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF OUR COMPANY.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR COMPANY, ITS OWNERS, FAMILY MEMBERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS, ASSIGNS, SUPPLIERS, DISTRIBUTORS, AFFILIATES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

• Direct damages
• Indirect damages
• Consequential damages
• Incidental damages
• Special damages
• Punitive damages
• Exemplary damages
• Lost profits
• Lost revenue
• Lost business opportunities
• Business interruption damages
• Loss of use
• Loss of data
• Property damage
• Personal injury
• Bodily injury
• Death
• Government fines
• Civil penalties
• Violations
• Citations
• Inspection failures
• Enforcement actions
• Attorney fees
• Litigation expenses
• Regulatory actions

WHETHER ARISING FROM CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, WARRANTY, STATUTE, EQUITY, OR ANY OTHER LEGAL THEORY.

MAXIMUM LIABILITY CAP

IN ALL CIRCUMSTANCES, THE MAXIMUM AGGREGATE LIABILITY OF OUR COMPANY SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID FOR THE SPECIFIC PRODUCT THAT GAVE RISE TO THE CLAIM.

INDEMNIFICATION

The customer agrees to defend, indemnify, and hold harmless our company, its owners, family members, officers, employees, contractors, affiliates, successors, and assigns from and against any and all claims, demands, damages, losses, liabilities, penalties, fines, judgments, settlements, costs, expenses, and attorney fees arising from:

• Product use
• Product misuse
• Product installation
• Product modification
• Regulatory non-compliance
• Inspection failures
• Customer-provided content
• Customer instructions
• Property conditions
• Building conditions
• Third-party claims

THIRD-PARTY LINKS AND EXTERNAL RESOURCES

Any hyperlinks or references to government agencies, websites, laws, regulations, standards, organizations, publications, or third-party resources are provided solely as a convenience.

We do not control, endorse, verify, guarantee, maintain, or assume responsibility for third-party content and shall not be liable for any reliance placed upon such content.

GOVERNING LAW AND VENUE

This Legal Disclaimer, Limitation of Liability, and Terms of Use shall be governed by and construed under the laws of the State of New York, without regard to conflict-of-law principles.

Any dispute, claim, or legal proceeding shall be brought exclusively in the state or federal courts located within the State of New York.

ACCEPTANCE OF TERMS

By accessing our website, downloading materials, receiving information, purchasing products, requesting services, viewing content, or using any product, document, publication, flyer, guide, brochure, checklist, sign, or informational material provided by our company, the user acknowledges that they have read, understood, and agreed to be bound by this Legal Disclaimer, Limitation of Liability, and Terms of Use.

View AllClose