Nonpayment

Reconcile the ledger against deposits, credits, and any partial payments. Isolate rent from late fees and non-rent charges (not all are recoverable in a nonpayment proceeding).

Why it matters: The petition must state a specific rent amount. Overstating arrears or bundling non-rent items is a common ground for dismissal.

If you wait: The longer arrears grow, the more likely the ledger contains errors a tenant's lawyer can exploit.

Have counsel prepare and serve a written 14-day rent demand for the specified arrears.

Why it matters: A defective rent demand is the single most common dismissal in nonpayment cases.

If you wait: Delay does not add penalties, but it delays your ability to file the petition.

File in the correct court (Housing Part of NYC Civil Court, or the appropriate outside-NYC court) with the required pleadings, including HPD / multiple-dwelling registration allegations for NYC buildings.

Why it matters: Missing registration pleadings are dismissible.

If you wait: The 14-day demand does not expire, but memories and evidence do.

Use a licensed process server and confirm the affidavit / affirmation of service is filed within the statutory window.

Why it matters: Service defects and missing affidavits regularly defeat otherwise-strong cases.

If you wait: Missing the filing deadline for the affidavit can void service.

Appear (with counsel if you are an entity) prepared with the ledger, lease, and any prior communications.

Why it matters: Unrepresented owners often stipulate to terms they don't fully understand.

If you wait: Non-appearance may result in dismissal.

A warrant of eviction is executed only by an enforcement officer (marshal / sheriff). Never attempt self-help.

Why it matters: Self-help lockouts, utility shutoffs, or removing belongings expose the owner to civil and criminal liability.

If you wait: Tenants may seek a stay by order to show cause; be prepared to respond.