[NY] How do I start a nonpayment eviction if my tenant hasn’t paid rent since August 2025?

Lexi, Chatbot

I understand how frustrating it can be to deal with a tenant who hasn’t paid rent. How long have you been trying to communicate with your tenant about the unpaid rent.

Lexi, Chatbot

Have you already taken any steps, such as sending a notice or filing for eviction?

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like. Has your tenant responded to any of your communications or the attorney’s letter?

Legal Eagle

Have you started any formal eviction process through the court, or are you considering doing so?

Legal Eagle

Got it. Have you filed any paperwork with the court yet, or are you planning to do that soon?

Legal Eagle

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

Legal Eagle

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

Legal Eagle

Thank you so much for chatting with me on this.

Legal Eagle

Short answer:
Since your tenant hasn’t paid rent since August and admitted they owe it, you can start eviction immediately under Texas law. The process begins with giving written notice to vacate, then filing an eviction case in Justice Court if they don’t leave. Timing and paperwork are important, so follow each step carefully to avoid delays.

Long answer:
You’ll start the eviction process in Texas by giving your tenant a written “Notice to Vacate.” This notice gives them at least three days to move out or pay unless your lease specifies a different period. If they don’t comply, you’ll file an “Eviction Petition” at the Justice of the Peace court where the property is located (see Tex. Prop. Code §24.005). The court will schedule a hearing within about 10–21 days. If you win, the court will issue a judgment for possession, and if the tenant still refuses to leave, you can request a writ of possession for the constable to remove them. You may also seek a judgment for unpaid rent and court costs.

Step-by-step (Texas):

1. Write and deliver a 3-day “Notice to Vacate” to your tenant.

2. Wait for the notice period to expire.

3. File an “Eviction Petition” in the Justice of the Peace court.

4. Attend the hearing.

5. If successful, request a writ of possession

Does that help?

Legal Eagle

I'm so sorry about this situation!

Before seeking an eviction action in New York, you must first serve a written “14-Day Rent Demand” stating the exact amount owed and giving the tenant 14 days to pay. If they don’t pay or move out, you can begin a “nonpayment eviction” case in Housing Court or District Court. (NY Real Prop Actions L § 711)

The court will issue a Notice of Petition and Petition, which must be served properly by someone other than you. If you win, you’ll receive a judgment for possession and unpaid rent. If the tenant still refuses to leave, a marshal can carry out the eviction after a 14-day notice. (NY Real Prop Actions L § 749)

Step-by-step (New York):

1. Serve a 14-Day Rent Demand.
2. If no payment, file a “Nonpayment Petition” and “Notice of Petition.”
3. Have someone else properly serve the tenant.
4. Attend the hearing.
5. If successful, request a warrant of eviction.

You can start the nonpayment eviction yourself in New York. Many landlords handle this without an attorney. Since you’ve already given the 14-day rent demand, your next step is to file a Nonpayment Petition and Notice of Petition at your local Housing Court. Make sure someone other than you serves the tenant.

Does that help?

Legal Eagle

Yes. The forms you need are:

• “Notice of Petition”

• “Nonpayment Petition”

You can obtain them from your local Housing Court clerk or download them from the New York Courts website. Be sure you’re using the correct forms for your county.

Legal Eagle

For sure! Did I thoroughly address your question?

Legal Eagle

Sure thing! No problem, I'm here to help!

In New York State, the “Good Cause” eviction law generally applies to buildings with four or more units. Since you have 9 units, you may be subject to this law, meaning you need a valid reason to evict, such as nonpayment of rent. When filing a nonpayment eviction petition, you typically only need to list the unit involved in the eviction case, not all your units.

If you have any more questions, feel free to ask!