How long does it take to evict a person for nonpayment of rent in a stabilized rent apartment in New York City?

Asked over 1 year ago - Brooklyn, NY

I lost my job for over a year now and got a divorce with my husband about a year ago. I am late on rent for over 6 months. I finally found a roommate who is willing to pay half of the rent. I recently found a job, so I am getting back on my feet. Is there grounds for eviction if I still owe the 6 months rent, even if I have started paying rent now? I hear it's not easy to evict me since I live in a rent-stabilized apartment?

Attorney answers (3)

  1. Steven Warren Smollens

    Contributor Level 20

    2

    Lawyers agree

    Answered . Dear how long?

    A nonpayment summary proceeding takes time (to lose) in New York City for a Rent Stabilized tenant, but with an experienced attorney, a satisfactory settlement might be negotiated, where the tenant keeps the apartment and the landlord collects the rent.

    The prelude to a nonpayment summary proceeding anywhere in New York State (and as well in NYC and Rent Stabilized tenants) is proper legal service on the tenant by the landlord of a written demand for payment of rent. If you receive that notice, then you know your landlord has been to a lawyer and ran out of patience waiting for you to catch up. That does not necessarily mean that your landlord wants to move heaven and earth to evict you, sometimes, a landlord goes "legal" in order to gain the tenant's attention that the landlord is serious about the tenant catching up on the rent. Also, because judges in New York Housing Court also tend to penalize a landlord for deliberately delaying the start of a lawsuit based on the rent default, if the delay was intended to make the tenant catching up impossible.

    If you are now on your feet, and your landlord has not started down the road to going to court, take advantage of the chance to seal a deal with the landlord without a lawsuit. Hire an experienced attorney to help you make a payout arrangement and to defend you if the landlord sues.

    You could read more about the process in NYC Housing Court at:

    http://www.nycourts.gov/courts/nyc/housing/pdfs...

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  2. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Have they started eviction proceedings? It is possible for non-payment and it can take about six months. If they accept your rent, it is an indication that they are willing to work things out with you. You still owe the back rent, but should make your next payment.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  3. Jayson Lutzky

    Pro

    Contributor Level 20

    Answered . If you are sued for nonpayment, then you can work out a payment plan to pay back the arrears. Speak to an experienced landlord tenant lawyer to assist you as soon as possible to work out a feasible plan.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

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