Non-Payment Evictions:
A Non-Payment Eviction occurs when a lease is in effect and the tenant has failed to pay rent. Usually, a Non-Payment case is resolved when the rental arrear balance is cleared.
Prior to commencing a Non-Payment Eviction, the tenant should be served a five-day notice of rent default via certified mail and a fourteen-day rent demand. These are the predicate notices required to be served prior to starting a Non-Payment Eviction. Failure to serve these predicate notices will most likely result in a dismissal of the Non-Payment Eviction.
A Non-Payment Eviction should occur when a lease is in effect and the premises are a legal rental unit. If you have a basement unit, usually these units are illegal in New York City, and your Non-Payment case will be deemed defective and subject to dismissal. For illegal units, the remedy in Evictions is usually under a Holdover Eviction.
