How a case proceeds
General information about the stages of a nonpayment case in New York and New Jersey. It is not legal advice; timelines vary by county, court and the facts of the case.
A written demand for the rent is served at least 14 days before a nonpayment proceeding may be started. The demand states the periods and amounts owed. Rent is stated on its own; other charges are handled separately.
The proceeding is filed in the Housing Part of the Civil Court in New York City, or in the local city, town, village or district court elsewhere, and the papers are served on the tenant.
The tenant may answer and raise defenses. Many matters resolve by a written stipulation that sets out payment or move-out terms; the rest proceed to trial.
A judgment of possession, and in a nonpayment case a money judgment for the rent, is followed by a warrant of eviction. A marshal or sheriff executes the warrant after serving the required notice of eviction, which is at least 14 days.
For ordinary nonpayment, a complaint may generally be filed without a prior notice to quit; exceptions include certain subsidized tenancies and rent increases. Many owners still send a written demand first, and this office recommends it.
The complaint is filed in the Landlord/Tenant section of the Special Civil Part of the Superior Court in the county where the property is located, and is served by the court.
The parties are usually directed to a settlement conference before the case is heard. In an ordinary nonpayment case the tenant can generally end the case by paying the full amount due, with costs, before judgment is entered.
After a judgment for possession the court issues a warrant of removal, no sooner than three business days after the judgment. A Special Civil Part officer serves the warrant and may execute it no sooner than three business days after service. The court may grant short stays on application.
In New York a nonpayment proceeding can include a money judgment for the rent due, alongside the judgment of possession. In New Jersey the landlord-tenant court decides possession only; unpaid rent is pursued separately as a money claim.
Late fees, attorney's fees and other charges are treated differently from rent in both states, and what may be collected depends on the lease and applicable law. That is why every notice from this office states rent and other charges separately.
The signed lease and every rider, the rent ledger, copies of every notice with proof of how and when it was served, and the tenant's payment history. A complete file is the difference between a case that moves and one that is adjourned.