Partial Rent Payments and Eviction in New York

When faced with financial challenges, renters in New York may wonder if paying part of their rent will protect them from eviction. It’s essential to understand how partial rent payments are treated under New York law, what forms or notices you could receive, and how you can safeguard your rights as a tenant. This guide breaks down the rules in simple terms so you can take informed action and avoid surprises.

What Happens if You Pay Only Part of Your Rent in New York?

Under New York law, landlords are not required to accept partial rent payments. Even if your landlord does accept a partial payment, they may still proceed with eviction for nonpayment of the remaining balance. Here's what usually happens:

• Accepting a partial payment does not waive your landlord’s right to evict you for the unpaid balance unless a specific agreement is made in writing.
• If your landlord accepts a partial payment, they must provide a receipt stating the remaining balance. This is required under the New York State Real Property Law Section 235-e.
• A landlord can send you a written notice if you owe any rent, even after paying part of it.

Eviction Process After Partial Payment

In New York, if you still owe rent after making a partial payment, your landlord must provide a written demand for the unpaid amount. If the balance remains unpaid:

• The landlord may give you a Fourteen-Day Rent Demand Notice (explained below).
• If you do not pay the full amount after 14 days, the landlord can start court proceedings to evict you for nonpayment.
• Even if they accept a partial payment during this period, the court case may still proceed unless you pay the balance in full.

Key Forms and Official Steps in New York

Here are the essential forms and notices you may encounter during the rent and eviction process in New York:

• Fourteen-Day Rent Demand Notice
  • What it is: A written notice from your landlord demanding payment of overdue rent, required before beginning an eviction case for nonpayment.
  • How it’s used: Example: If you’ve paid part of your rent, but still owe some, your landlord must serve you this notice outlining the exact amount due and giving you 14 days to pay before starting an eviction proceeding.
  • Download the official sample Fourteen-Day Rent Demand form.
• Nonpayment Petition (RPAPL Sec. 741)
  • What it is: The formal court document the landlord uses to start an eviction case if you do not pay the full amount within the notice period.
  • How it’s used: Example: If 14 days pass after you receive the rent demand and the balance isn’t paid, the landlord can file this petition with the Housing Court to begin eviction proceedings.
  • See official NYC Housing Court petition forms.

New York tenants have the right to receive these notices before any eviction case is started. Carefully read any notice you get and consider seeking support from tenant organizations or legal aid if needed.

Your Rights Under New York State Law

Tenant protections in New York are comprehensive, but missing payments—even partially—can still leave you vulnerable to eviction. Under the New York State Real Property Law (RPL) and recent reforms passed by the state legislature¹:

• Landlords must follow strict legal steps before evicting tenants for nonpayment, including written notice and a court process.
• No eviction can be carried out without a Housing Court judgment and warrant. New York City Housing Court and other local courts handle these cases.
• Landlords cannot accept partial payment “with strings attached” unless you agree in writing. Always get receipts with detail on any unpaid balance.

Possible Outcomes After Making a Partial Rent Payment

• If you bring your full rent up to date before your court date, you may avoid eviction.
• If you only pay part of the balance, the landlord can generally continue with the case unless an agreement is reached and documented in court.

Remember: Eviction is a legal process that must go through the courts, and you have the right to defend yourself and seek help at every stage.

What to Do If You Get an Eviction Notice After a Partial Payment

If you receive a Fourteen-Day Rent Demand or a court petition, take the following steps quickly:

• Read the notice carefully to confirm the amount claimed is correct and reflects your payment(s).
• Save all receipts and communications as proof.
• Respond within the time stated on the notice and consider seeking legal help.
• If you’re served court papers, you have the right to appear and present your records in Housing Court.

If you cannot pay the remaining rent, look into local assistance programs or free legal aid. Don’t ignore a notice—respond promptly.

Official Tribunal Handling Tenancy Matters in New York

The New York City Housing Court oversees most residential eviction cases in NYC, while other regions use their local City or District Courts. For more information and resources, visit the New York State Unified Court System.

FAQ: Partial Rent and Eviction Risk in New York

1. Can my landlord evict me if I pay part of my rent?
   Yes, unless you pay the full rent due or make a formal written agreement, your landlord may still start eviction proceedings for the unpaid balance.
2. Does accepting a partial payment mean my eviction is canceled?
   No. Accepting partial payment does not automatically stop an eviction unless the landlord agrees in writing to forgive the rest or settle the debt.
3. What should I do if my landlord serves a Fourteen-Day Rent Demand?
   Pay the full balance within 14 days to avoid eviction, or contact a legal aid service for help responding to the notice.
4. Can I use my payment receipts as evidence in court?
   Yes. Always save receipts—showing your payment history is important if you need to defend yourself in Housing Court.

Summary: Key Takeaways

• Partial rent payments do not guarantee protection from eviction in New York.
• Your landlord must follow strict notice and court procedures before any eviction.
• Save all records and seek help early if you receive eviction notices or court papers.

Need Help? Resources for Renters

• New York City Housing Court – Tenant Resources
• New York State Attorney General: Tenant Rights Guide
• NYC 311: Housing Court Help
• Official NYC Housing Court Forms
• LawHelpNY for Housing and Eviction Assistance

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1. New York State Real Property Law (RPL)
2. New York City Housing Court (Tribunal for landlord-tenant disputes)
3. Section 235-e of NYS Real Property Law – Rent Receipts
4. RPAPL Section 741 (Nonpayment Petition requirements)

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