What Is a Nonpayment Petition?
A nonpayment petition is a legal document your landlord files in Housing Court when they claim you owe rent. It's part of an eviction case.
If you receive one, it means your landlord is asking the court to evict you because of unpaid rent.
Why the 10-Day Deadline Matters
Once you’re served the petition (usually by a process server), the clock starts ticking.
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You have just 10 calendar days to file an "Answer" with the court.
If you miss this deadline:
The landlord can ask for a default judgment against you.
You could be evicted without ever telling your side of the story.
But if you file your Answer on time, you:
Stop the default.
Delay the eviction.
Get a court date to explain your situation or negotiate.
What Is an "Answer" and Why You Need One
An Answer is your official reply to the court. It tells the judge:
What you agree or disagree with.
What defenses you have (e.g., bad living conditions, partial payment).
If you want a chance to pay and stay or fight the eviction.
Filing an Answer does not mean you admit fault — it protects your rights.
How to File Your Answer in NYC (Step-by-Step)
Here’s exactly how to respond within 10 days:
1. Prepare Your Answer
You have three options:
Hire an attorney (Best)
Use NYC Housing Court forms
Use LawHax Wizard (Fastest — 10 minutes)
Write it by hand (not recommended)
Common defenses you may include:
You already paid some or all of the rent
Your apartment has serious repairs or violations
The amount claimed is wrong
You never got proper notice
2. Make Copies
Print at least 2 copies — one for court, one for the landlord.
3. Serve the Landlord
Mail one copy by regular first-class mail to your landlord’s lawyer (or to your landlord if there is no lawyer).
4. Go to the Court
Bring your Answer to the Housing Court listed on your petition. Ask the clerk where to file.
5. Complete an Affidavit of Service
This proves you mailed your Answer. It must be signed and notarized.
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Tip: If you can't find a notary, bring the (unsigned) Affidavit of Service and the Answer to the court. Sign the Affidavit in front of the court clerk.
What If the 10 Days Already Passed?
All hope is not lost. You may be able to ask the judge to cancel the default through a special request called an “Order to Show Cause.”
But the sooner you act, the better. Start by calling the Housing Court or visiting in person — or use LawHax to generate the forms fast.
Pro Tips to Win Time and Options
Be honest. Don’t say you paid if you didn’t. But if you’re waiting for assistance or have documentation, include that.
Keep records. Save all rent receipts, texts with the landlord, and repair photos.
Show up to court. Filing the Answer is just the beginning. You’ll get a hearing date — don’t miss it.
Don't Panic, Act Fast
Nonpayment eviction cases move quickly. But you still have rights, and one of the most powerful things you can do is file your Answer right away.
Ready to Take Action?
LawHax helps you create your NYC Housing Court Answer in minutes — no lawyer needed, no legalese.
Don’t lose your home by doing nothing. Beat the 10-day clock — we’ve got your back.
