You should start a non-payment case when you want to get the rent from a tenant. If the tenant pays the money, the tenant can stay in the apartment. If the tenant does not pay, you may be able to evict the tenant. Remember , it is illegal to evict a tenant or roommate without coming to court after he or she has lived in the apartment for 30 days.
HOW DO I BEGIN
You or someone working for you, must demand the overdue rent from the tenant and warn the tenant that if the rent is not paid, the tenant can be evicted. You can tell the tenant this in person or in writing. However, if the lease requires this kind of demand be given in writing, then it must be in writing. Remember , you should serve copies, never serve the original forms.
A. B119 (3-Day or 5-Day notice):check lease for which time period is required. If there is no lease, a 3-day notice is proper.
B. T206D (Petition)
C. T207D (Notice of Petition)
D. T216 (Postcard)
STEP 1: Demand the Rent
A. Fill out form B119 which says to the tenant: "If you do not pay the rent that you owe within 3 (or 5) days, you will be brought to court"
B. Make photocopies of the completed B119. You are going to have a friend or a process server give the copies to the tenant. ALWAYS KEEP THE ORIGINAL B119 FORM. SERVE COPIES ONLY.
C. If you did not use a professional process server, your friend who gave the tenant the B119 notice must fill out the affidavit of service on the back of the original B119 form. The purpose of the affidavit is to prove that the server actually gave the court paper to the tenant. The server is swearing to the fact that he or she gave the paper to the tenant. The server must sign at the bottom and have the form NOTARIZED. After the copy of B119 has been delivered and the affidavit is complete, you will keep the original form until the 3 (or 5) day period is over.
STEP 2: Start the Case if the Tenant Has Not Paid the Rent
A. If the tenant has not paid after the 3 (or 5) day period is over, fill out forms T206D, T207D and T216. T206D must be SIGNED and NOTARIZED. Make a copy of the completed T206 before you bring it to court.
B. Bring all the forms, including the original Rent Demand (B119), to the cashier's window where you will pay $45.00 to buy an index number. You can pay by cash, certified check or money order made out to the Clerk of the Civil Court.
C. The Clerk will give you back the original Notice of Petition (T207D) with Index Number stamped on it. Make a copy of the numbered Notice of Petition (T207D), put that copy together with the copies of the Petition (T206D), Rent Demand (B119) and Affidavit of Service, and have a process server serve the tenant with the copies.
D. Bring the original Notice of Petition form (T207D), together with the notarized Affidavit of Service filled out by your server back to court within three (3) days of service. In addition, you will need to bring the postcard(s) with postage so that the court can mail it to the tenant.
E. If the tenant answers, you should receive a postcard from the court stating the date, time and place of the hearing. If the tenant does not answer the Notice of Petition in court within five days from the date that service is complete, you may request that the court enter a default judgment against the tenant for Failure to Answer. Call a City Marshal and give your request for judgment to the Marshal. You will also need to complete a Non-Military Affidavit (Blumberg form T196). The Marshal will request a warrant of eviction from court.
F. Be sure to keep copies of all papers filed in court.
Process Servers for New York City: Queens, Brooklyn, Manhattan and Bronx.