July 17, 2019

Residential and Commercial Non-Payment Actions

A non-payment action is commenced by a landlord to collect unpaid rent from either a commercial or residential tenant. At no time may a landlord perform a “self-help eviction” even if a tenant has not been paying his or her rent. The ultimate desired outcome for a landlord on a non-payment case is either payment or possession.

A non-payment case is initiated by a rent demand which often must be done in writing pursuant to a written lease. Cohen Hurkin Ehrenfeld Pomerantz & Tenenbaum LLP, will review your lease and prepare the demand notice to be served by our licensed process server. The amount of notice (in terms of days given) before a tenant can actually be sued, varies depending on the type of tenancy and lease agreement between the parties.

In the event the tenant has not paid the rent after the demand notice, a landlord may file a petition and notice of petition in Housing Court which ultimately starts a case in Civil Court. The law offices of Cohen Hurkin will prepare the petition and notice of petition, serve it on the tenant, and file your case.

Once a tenant interposes an answer, the Court will then set a court date. The attorneys of Cohen Hurkin  have the experience and knowledge to deal with your non-payment landlord-tenant dispute once your case is heard in Housing Court. Our attorneys appear in Housing Court each and every day the courts are open throughout New York City and its surrounding counties, always advocating on behalf of our clients.

In the event a case cannot be settled and must go to trial, the attorneys of Cohen Hurkin  have decades of trial experience behind them.

If you desire to schedule an appointment, please contact us.
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