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Commonly Asked Questions about Unpaid Rent Legal Documents

Withholding rent can be risky because your landlord may sue you for non-payment of rent. However, under the HSTPA, the landlord may have to prove that the eviction is not retaliatory in response to the tenants legitimate complaint.
Non-payment Building owners must notify the tenant that rent is late, what the balance is, and that, if not paid, the tenant will be evicted. Three days after notice is given or oral demand for the rent is made, the owner may file a nonpayment proceeding in Housing Court and serve papers on the tenant. Eviction Prevention - HPD - NYC.gov NYC.gov hpd services-and-information NYC.gov hpd services-and-information
A rent payment can only be considered late if it is received more than five days after it is due. The most your landlord can charge as a late fee is $50 or 5% of your monthly rent, whichever is less. Before signing a lease, the most a landlord can charge is $20 for a credit and background check.
Non-payment Building owners must notify the tenant that rent is late, what the balance is, and that, if not paid, the tenant will be evicted. Three days after notice is given or oral demand for the rent is made, the owner may file a nonpayment proceeding in Housing Court and serve papers on the tenant.
Rent collection letters should include the description/details of the missed payment, when it was due, the owed amount, and any other important information. A tenants rental agreement is the first place to look if you think they are late on their payment. How to write a good rent collection letter (free template) - Stessa Stessa blog rent-collection-letter Stessa blog rent-collection-letter
To date, we have not received your full monthly rent payment. Please understand that failure to pay rent is the most frequent cause for tenants to lose their housing, and we are concerned about the balance due from you. Presently, you have an amount due of $. Please pay this amount immediately. Sample Notices Regarding Failure To Pay Rent Supportive Housing: A Community Solution 2012/07 LateRentNoticespdf Supportive Housing: A Community Solution 2012/07 LateRentNoticespdf
If the tenant doesnt pay the rent or move out, the landlord can file an eviction lawsuit with the court at the end of the 14 days. (N.Y. Real Prop. Acts 711(2) (2023).)
Heres a guide on how to proceed: Take the Rent out of the Security Deposit. You can deduct any unpaid rent if youve collected a security deposit from the tenant. Refer to the Lease Agreement. Notify the Tenant through a Certified Letter. File a Small Claim in Court. Hire Debt Collection Services. Consult with a Lawyer. How to Recover Unpaid Rent in NYC through Process Service Serve Index LLC how-to-recover-unpaid-r Serve Index LLC how-to-recover-unpaid-r