I’m a Small Landlord. What Can I Do About My Nonpaying Tenants?

“For landlords who rely on rent money to pay the bills, going to housing court can be too costly and time-consuming.

 

Q: I’m the landlord of a small rent-stabilized building in New York. I’m middle class, just like my tenants. This building isn’t a hedge fund, it’s my retirement plan and my second full-time job. Tenants absolutely deserve safe housing and protection from bad actors, but small landlords sometimes carry nonpaying tenants for months (or years) while courts crawl and costs rise. How can a small, struggling landlord with tenants who won’t pay rent realistically get help from the courts without being pushed into financial ruin?

 

A: Housing court proceedings can take a long time. There are two strategies you can pursue: Start a nonpayment case before your tenant is carrying a huge unpaid balance, or avoid the court altogether and see if you and your nonpaying tenant can agree on a payment plan.

 

“Unfortunately, although the housing court was originally designed to provide swift adjudication, delay is now an inherent part of the court process,” said Sherwin Belkin, who represents landlords at Belkin Burden Goldman LLP.

 

Strict laws regarding how you can pursue a nonpayment case and the notice you have to give the tenant make it difficult to resolve these matters quickly, said Cory L. Weiss, chair of the landlord-tenant practice at Tarter Krinsky and Drogin. These requirements must be followed or your case could be dismissed, so it’s a good idea to hire a lawyer with experience in housing court.

 

It’s best to start the process quickly, before too much unpaid rent has piled up. If you allow it to grow to around six months, a court may not allow you to evict the tenant for some of the oldest unpaid rent, and you could be limited to obtaining a money judgment, Mr. Weiss said.

 

(Small landlords who own buildings with fewer than five units and are not rent-regulated have access to a designated part of housing court that has fewer cases and is designed to move more quickly. Unfortunately, as the owner of a rent-regulated building, you do not.)

 

If housing court sounds like a hassle and you have a tenant who is willing to cooperate, you might want to negotiate a payment plan instead. A trial in court generally takes months, and even then, there is no guarantee that you’ll receive all that you are owed.” [1]

 

1. I’m a Small Landlord. What Can I Do About My Nonpaying Tenants?: Ask Real Estate. Ramos, Jill Terreri.  New York Times (Online) New York Times Company. Mar 14, 2026.