The New York Times
Real Estate Q&A (2nd half)
229 W. 43rd St.
New York, NY 10036
April 27, 1997
Q.: If rent is due on the first day of the month, but it is not paid on that date, how long must a landlord wait, until commencing a lawsuit for unpaid rent?
Andrew W. M. Shao, ManhattanA.: Alan H. Brill, a Manhattan real estate lawyer, said that "unless a lease agreement provides otherwise, rent is due on the first day of the month. If the rent is not paid by the end of the first day that it is due, an owner can start the eviction process, but the tenant can stop it at any time by paying the amount due."
"First," Mr. Brill said, "the owner must make a formal demand for the rent and give the tenant notice advising that if the rent is not paid within three days, the landlord will commence an action for possession of the apartment. If the rent remains unpaid at the end of the three days, the landlord can then file an action for eviction in the Housing Part of the Supreme Court and can typically add to the amount due from the tenant the various other costs and fees provided for in the lease."
At any point before the issuance of a Warrant of Eviction after a trial — a process that can take several months in contested cases — the tenant can stop the eviction process by paying all the rent due plus all costs and fees that are permitted by the lease.
"You can't stop the eviction process by paying just what you think, you owe," Mr. Brill said. "You have to pay all the money that is being demanded in the complaint. If the tenant is unwilling to pay the amount demanded in the complaint, the case must ultimately be decided by a judge."