What Is a Nonpayment Petition?
A Complete Guide for NYC Tenants Facing Rent-Related Eviction
If you're a tenant in New York City and you’ve just received a court document labeled “Nonpayment Petition,” take a deep breath — and don’t panic.
This guide explains what it means, what happens next, and most importantly, how you can fight back and protect your home, even without a lawyer.
What Exactly Is a Nonpayment Petition?
A nonpayment petition is a legal document that your landlord files in Housing Court to begin an eviction case against you. The landlord is claiming that you owe rent — and they want the court to either force you to pay or remove you from your apartment.
Think of it as the formal start of a rent-related eviction lawsuit.
What Documents Will I Receive?
You’ll usually receive two forms together:
Notice of Petition (Nonpayment Proceeding)
Petition
These papers include:
The amount of rent the landlord says you owe
The dates of the unpaid rent periods
The name of the court and where the case will be heard
A deadline: You must file an “Answer” within 10 calendar days of being served
Is This the Same as an Eviction Notice?
Not quite. You may have received earlier notices like:
A Rent Demand Notice (e.g., “Pay rent in 14 days or vacate”)
A Notice of Termination (telling you your lease is over)
But the nonpayment petition is different — it means your landlord has already gone to court and opened an official case. This is your first chance to fight back inside the legal system.
You Only Have 10 Days to Respond — Here’s Why That Matters
Under NYC Housing Court rules, you must file an Answer within 10 calendar days after being served with the petition.
If you don’t file in time, your landlord can request a default judgment, which means:
The court may rule in the landlord’s favor automatically
You won’t have a chance to defend yourself
A marshal may come to evict you within weeks
This 10-day deadline includes weekends — so act quickly.
What Is an Answer?
An Answer is your legal response to the petition. In Answer, you:
Agree or deny the claims made by the landlord
Raise any defenses or counterclaims you may have
Ask the court to delay eviction or let you pay what’s owed and stay in the home
You don’t need to write anything fancy. But your Answer must be filed properly with the court — and you must mail a copy to your landlord (or their attorney).
How Do I File My Answer?
Filing your Answer can be confusing — but it doesn’t have to be. Here’s the process simplified:
Option 1: Use LawHax
The fastest and most beginner-friendly option.
Answer a few plain-English questions
We generate your complete Answer
Download it in minutes and follow the filing guide
Option 2: File in Person at Housing Court
Go to the address listed in your petition
Tell the clerk you want to file an Answer
You’ll fill out a paper form with checkboxes for defenses
Don’t Forget to Serve the Landlord
After filing, you must:
Mail a copy of the Answer to your landlord (or their attorney) by regular mail
Complete an Affidavit of Service form
Get it notarized and file it with the court
What Happens After I File?
Once your Answer is filed:
The court will schedule a hearing or conference
You’ll receive a date to appear in Housing Court
You can negotiate a settlement, ask for more time, or present your case
In some cases, the landlord may withdraw the case or agree to a payment plan.
Can I Get a Free Lawyer?
Yes — New York City has a “Right to Counsel” law. If you qualify based on income and borough, the court may assign you a free tenant attorney on your first appearance date.
You can also call:
311 and ask for the “Tenant Helpline”
Contact local legal aid groups like Legal Aid Society or Legal Services NYC
Summary: Key Takeaways
A nonpayment petition means your landlord opened an eviction case
You have 10 days to respond — or risk automatic eviction
File an Answer to protect your rights
Need Help Filing Your Answer?
We help NYC tenants create and file Answer in minutes — even without a lawyer.
