Legal Question in Landlord & Tenant Law in New York

Re: How many Month rent can you owe before a nonpayment petition can be file

Q. The question is can they take me to court for that.

A. Yes.

Q. What's the law in NYC. How many months rent behind can I get before I can be taken to court on a nonpayment petition.

A. One. However, payment in full disposes the petition.

Q. Also what can they do to my credit report and when can they do it.

A. A money judgment filed with the county clerk will be deemed a black mark on your credit report.

Mike.

Re: How many Month rent can you owe before a nonpayment petition can be file

Your lease probably allows a short period of time each month (a grace period) before a late fee can be imposed, and it is also usually when a landlord will declare you "late" in payment and in default under the lease. It is typically five or ten days. In NYC your landlord has waited only because the Marshal has a.policy of not evicting people between Thanksgiving and new year's day. As for your credit, some NYC landlords started to report delinquencies several years ago. Before that it was rarely done. However, many more landlords joined the practice in the last five years. I recommend you clear up all back rent and late charges before any petition is served.