Legal Question in Landlord & Tenant Law in New York

How many Month rent can you owe before a nonpayment petition can be file

I have not paid my December rent, and I haven't paid my January rent. I have to pay an late fee for Dec and one for Jan after the 5th. I plan to pay my December rent and late fee on January 11th. I can pay my January rent and late fee on January 25th. The question is can they take me to court for that. What's the law in NYC. How many months rent behind can I get before I can be taken to court on a nonpayment petition. Also what can they do to my credit report and when can they do it.


Asked on 1/02/08, 2:56 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: How many Month rent can you owe before a nonpayment petition can be file

Q. The question is can they take me to court for that.

A. Yes.

Q. What's the law in NYC. How many months rent behind can I get before I can be taken to court on a nonpayment petition.

A. One. However, payment in full disposes the petition.

Q. Also what can they do to my credit report and when can they do it.

A. A money judgment filed with the county clerk will be deemed a black mark on your credit report.

Mike.

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Answered on 1/02/08, 7:27 am
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: How many Month rent can you owe before a nonpayment petition can be file

Your lease probably allows a short period of time each month (a grace period) before a late fee can be imposed, and it is also usually when a landlord will declare you "late" in payment and in default under the lease. It is typically five or ten days. In NYC your landlord has waited only because the Marshal has a.policy of not evicting people between Thanksgiving and new year's day. As for your credit, some NYC landlords started to report delinquencies several years ago. Before that it was rarely done. However, many more landlords joined the practice in the last five years. I recommend you clear up all back rent and late charges before any petition is served.

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Answered on 1/02/08, 7:39 am


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