Your tenant missed rent. Maybe they texted you an excuse. Maybe they went silent. Either way, the clock is ticking and every day you wait costs you money.
This is not the time to be nice. This is the time to follow a process. New York landlord-tenant law is one of the most tenant-friendly systems in the country. Skip a step and you start over.
Step One: Document Everything Starting Today
Before you do anything else, pull your lease and check the exact due date, grace period, and late fee provisions. If your lease says rent is due on the 1st with a 5-day grace period, you cannot act until the 6th.
Start a written log. Date, time, and method of every communication attempt. Screenshot texts. Save emails. If you call, follow up with a text confirming what was discussed. Courts want paper trails.
Check your bank account and payment portal. Confirm the payment actually did not come through. Sounds obvious, but more than one landlord has started eviction proceedings over a processing delay.
Step Two: Send a 14-Day Rent Demand Notice
Under RPL 711(2), you must serve a written demand for rent before filing a nonpayment proceeding. The notice gives the tenant 14 days to pay or vacate.
The demand must state the amount owed and the period it covers. Be specific. “You owe $1,200 for January 2026 rent” is correct. “You owe money” is not.
Service requirements matter. Under RPAPL 735, you have three options: personal delivery, substituted service (give it to someone of suitable age at the premises and mail a copy), or conspicuous place service (affix to the door and mail a copy). Handing it to the tenant in person is the cleanest option. Whatever method you use, keep proof.
Common Mistake: Verbal Demands Do Not Count
Telling your tenant “you need to pay” over the phone does not satisfy the statutory requirement. It must be in writing. Period.
Step Three: File a Nonpayment Petition
If the 14 days pass with no payment, you file a nonpayment petition in the local court. In Syracuse, that is Syracuse City Court. The filing fee is $45.
The petition must include the tenant’s name, the address, the amount owed, and the period covered. Attach a copy of the lease and proof of service of the 14-day demand.
The court will schedule a hearing, typically 2-4 weeks out. The tenant will be served with the petition and a notice of the court date.
How Long Does This Actually Take in Onondaga County?
Here is the realistic timeline. Filing to judgment: 4-8 weeks if uncontested. If the tenant requests adjournments or raises defenses (habitability claims, improper service), add 2-4 months. Warrant of eviction to actual removal by the sheriff: another 2-4 weeks after judgment.
Total realistic timeline: 3-5 months from the day you file. During that entire time, you are not collecting rent and you are still paying the mortgage, insurance, taxes, and utilities.
What This Will Cost You
Court filing: $45. Process server: $50-$100. Attorney fees (if applicable): $2,500-$5,000. Lost rent over 3-5 months on a $1,200/month unit: $3,600-$6,000. Potential turnover costs after they leave: $2,000-$4,000.
Total realistic loss: $9,000 or more. That is not a typo. A single bad tenant can wipe out an entire year of profit on a rental property.
Mistakes That Will Sink Your Case
Accepting Partial Payment
If your tenant owes $1,200 and hands you $400, think very carefully before you take it. Accepting partial payment can reset the eviction clock and require you to serve a new demand notice for the remaining balance. Some judges will dismiss your case entirely.
If you do accept partial, get a written agreement that the partial payment does not waive your right to pursue the balance. Have the tenant sign it.
Self-Help Eviction
Changing the locks, shutting off utilities, removing the tenant’s belongings, or threatening the tenant are all illegal in New York. Under RPAPL 768, illegal eviction is a Class A misdemeanor. You can be arrested. The tenant can sue you for damages. Do not do it.
Improper Service
If you serve the 14-day notice by sliding it under the door without also mailing a copy, the tenant’s attorney will get your case dismissed. Follow RPAPL 735 exactly.
Should You Hire an Attorney?
If you own the property as an individual, you can represent yourself in court. If the property is held in an LLC, you must have an attorney. LLCs cannot self-represent in New York courts. This is not optional.
Even if you can self-represent, consider whether you should. One procedural error means starting over. An experienced landlord-tenant attorney in the Syracuse area charges $2,500-$5,000 for a standard nonpayment proceeding. That is cheaper than restarting the process from scratch.
Prevention Is Cheaper Than Eviction
The best eviction is the one you never file. Proper tenant screening catches problems before they move in. Credit checks, income verification, and calling prior landlords cost under $50 per applicant. Compare that to the $9,000+ you lose on an eviction.
If you own rental property in Syracuse, Oswego, Auburn, or Utica, having a property manager who screens aggressively and acts fast on late rent makes the difference between a profitable year and a devastating one.
What to Do Right Now
If your tenant has not paid and you are reading this, here is your checklist:
- Confirm the payment is actually missing
- Pull the lease and check the grace period
- Send the 14-day rent demand in writing with proper service
- Start documenting every interaction
- Decide whether to hire an attorney (mandatory for LLCs)
- Do not accept partial payment without a written agreement
- Do not change locks, shut off utilities, or threaten the tenant
Need help with a nonpaying tenant in Central New York? RenPro Property Management handles the entire process. Call us at 315-400-2654 before you lose another month of rent.
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