The Cost of Waiting: Why NYC Landlords Must Act Quickly on Evictions
If you are a landlord in New York City or the five boroughs, there is a harsh practical reality you must consider when dealing with a problem tenant: the landlord-tenant courts are currently moving at a snail's pace.
Inundated with a massive backlog of cases, the court system is experiencing severe delays. Because of this, we strongly advise our landlord clients not to wait more than a month or two before starting the formal eviction process.
The Danger of "Working It Out"
Most landlords are reasonable people who want to work things out and help their tenants before involving lawyers and the courts. This is certainly commendable and heavily encouraged.
However, trying to negotiate without starting the legal process is a risky strategy—especially in cases where tenants are failing to pay rent. You can, and should, try to work things out with your tenant, but you must start the legal clock at the same time.
The Math Behind the Delay: A Non-Payment Timeline
To understand why you cannot afford to wait, look at the current timeline for a standard non-payment eviction in NYC:
The 14-Day Notice: By law, you must first serve a non-paying tenant with a 14-day notice to cure.
Commencing the Case: Once the 14 days run out without payment, you officially file the non-payment case in landlord-tenant court.
Default Judgment: If the tenant does not appear in court, you can obtain a default judgment of possession and a warrant of eviction.
The Waiting Game (3–4 Months): Once the judgment and warrant are submitted, it is currently taking courts at least 3 to 4 months just to issue the warrant of eviction.
The Marshal’s Notice (2 Weeks): After the warrant is issued, it takes another two weeks for the marshal's notice to be served before the actual eviction takes place.
The Snowball Effect of Lost Rent
Let’s look at how a delay at the beginning compounds your financial losses at the end.
If you wait 3 months trying to negotiate with a tenant before sending the 14-day notice, you must then add the 4+ months it takes the court to process an uncontested eviction. By the time the marshal arrives, you have lost 7 to 8 months of rent—or more.
The Strategic Takeaway
While we always encourage landlords to maintain open lines of communication and attempt to resolve issues amicably, we strongly advise serving the 14-day notice as soon as legally possible.
Serving this notice does not prevent you from reaching a settlement with your tenant, but it does start the legal clock. Taking prompt action is the single most effective way to minimize the financial impact of a non-paying tenant in today’s backlogged legal system.
Need Help Navigating Landlord-Tenant Court?
Eviction proceedings in New York require strict adherence to procedural rules. A single misstep in your notices can result in your case being thrown out, sending you right back to the end of a months-long line.
Our firm helps landlords navigate the complexities of the housing courts efficiently and effectively. If you are dealing with a non-paying tenant, do not wait to seek legal counsel.
Contact Us Today:
Phone: (646) 470-4700
Email: gbizzoco@bizzocolg.com
Our firm provides legal services in:
Commercial & Residential Real Estate Transactions
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