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I received a Notice of Petition Dewlling Non-Payment. The Appartment is under my mother's name and she is out of the country?

Bronx, NY |

What to do next? can I go to the Clerk of the court for her? If she doesn't show up within the 5 days, will an eviction be eminent? At this point can something be work out with the Landlord or the his Attorney?

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Attorney answers 3


If you are stating that your mother, the lesee of the apartment, has been served with an eviction notice, then you should immediately contact a landlord-tenant attorney. If the landlord is seeking eviction, he does not have to accept late rent, but if he does, it may cure the basis for eviction. Please consult with your attorney.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


You should really speak with an attorney as there are a lot of factual questions that need to be answered. For example, how were you served with the notice? in person? in the mail? when is your mother coming back to NY? next week? next month? etc..

Speak with an attorney as soon as possible to protect your and your mother's rights to that apartment.

My direct line: 646-606-6002. If this answer is helpful and/or the best answer, then please indicate it as so. Thank you. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship.


If you received a Petition for Non-Payment, I assume that your mother has already been served the documents that preceded the filing of the petition. You cannot appear on behalf of your mother, unless you have her power of attorney to act on her behalf, while she is out of the country. You can always attempt to work something out with the landlord and his attorney, but there is no obligation on his part to work anything out. I would recommend that you immediately speak to a tenant/landlord attorney in your area for the best advice.

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