Legal Question in Landlord & Tenant Law in New York

Re: Refuse to pay back rent

Instead of small claims court you really may want to initiate summary proceedings in Housing Court, so that if they do not pay the rent they owe, you can at least have them evicted and maybe rent out the apartment to a new paying Tenant. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Re: Refuse to pay back rent

Small Claims may be the wrong place to go.

1. Small Claims will give you a judgment of only up to 5,000. NY City Civil Court can give you up to 25,000; and NY Civil has a filing fee of only 45 dollars.

2. Housing Court's real name is "NY City Civil Court: Housing Part" and is a division of NY City Civil Court that can do more for you than merely a money judgment.

The Housing Part can give you an order of eviction and a judgment of up to 25,000.

Each is better than Small Claims, and Housing Part is the the best.

You are welcome to a consultation for no fee. Email is best to make an appointment.