NYC notice of petition papers are the court papers that start an eviction case under New York law. If a nyc notice of petition was posted on your door, copies must also be mailed to you within one day.
What NYC Notice of Petition Actually Says
Most people search for this after finding papers at their door, so we will start there. A nyc notice of petition comes with a second paper called the petition. The petition lists what the landlord claims. The notice tells you that a court case now exists. NY RPAPL 731 says the case “shall be commenced by petition and a notice of petition.”
The law also limits who can issue it. A nyc notice of petition “may be issued only by an attorney, judge or the clerk of the court.” A landlord who has no lawyer cannot issue one. For example, a note your landlord typed and signed is not a real notice of petition.
In most cases, the notice must give a time and place for a hearing. It must also warn you about defenses. If you do not raise a defense at the hearing, you may not be allowed to use it later. However, nonpayment cases follow a separate section, RPAPL 732. Check that section or ask the court for its exact answer deadline.
| Provision | Exact rule | Section |
|---|---|---|
| How the case starts | With a petition and a notice of petition | RPAPL 731(1) |
| Who may issue the notice | Only an attorney, a judge, or the court clerk | RPAPL 731(1) |
| What the notice must state | The hearing time and place, plus a warning about defenses (except nonpayment cases under section 732) | RPAPL 731(2) |
| Full rent paid before the hearing | The landlord must accept it, and the nonpayment grounds become moot | RPAPL 731(4) |
| Mailing after posting or leaving papers with someone else | Within 1 day, by registered or certified mail and also by regular first-class mail | RPAPL 735(1) |
| Filing with the court | Within 3 days after handing the papers to you or mailing them | RPAPL 735(2) |
Who NYC Notice of Petition Covers (and Who It Does Not)
These rules apply to the eviction case the law calls a “special proceeding.” That covers most renters facing a nonpayment case or a holdover case. A holdover case usually means the landlord says your right to stay has ended. Either way, a nyc notice of petition is how the case begins.
RPAPL 731(3) adds a rule just for New York City. It applies when a landlord plans to ask the court for something under RPAPL 745(2). In that case, the nyc notice of petition must tell you what section 745(2) requires. Section 731 does not explain those requirements itself. As a result, confirm them with the court or a tenant attorney.
Some tenants, such as rent-stabilized tenants, have extra protections. Those come from other laws, not from sections 731 or 735. Typically, they give you more defenses rather than changing the paperwork rules above. Ask a legal-aid office which protections apply to your home.
What Your Landlord Must Do Under This Law
RPAPL 735 lists three ways to serve a nyc notice of petition. The first is handing it to you in person. The second is leaving it with a person “of suitable age and discretion” who lives or works at the property. The third is only allowed if no such person can be found. The papers can then be attached to your door or slid under it.
Leaving or posting a nyc notice of petition comes with an extra step. The landlord must also mail you copies. One copy goes by registered or certified mail, and another goes by regular first-class mail. If the landlord has something in writing showing you live somewhere else, copies go there too.
When service counts as finished matters for you, too. Handing a nyc notice of petition to you in person counts as finished right away. However, posting or leaving the papers with someone only counts once proof of service is filed. You can read the exact wording in NY RPAPL 735.
What You Can Do When It Is Broken
First, find the court date or answer instructions printed on the papers. Write them down. Then contact the court clerk to confirm them. Do not wait for a second notice. If you miss your date, the court may rule against you without hearing your side.
Next, check how the nyc notice of petition reached you. Was it handed to you, left with someone, or taped to your door? If it was posted, did you get both mailings? If service did not follow RPAPL 735, you may be able to raise that as a defense. Bring the envelopes to court.
If the case is about unpaid rent, RPAPL 731(4) matters a lot. If you pay the full rent due before the hearing, the landlord must accept it. That makes the nonpayment grounds moot. Get a receipt and bring it to court. Finally, contact a local legal-aid office or tenant attorney. Many NYC tenants may qualify for free help.
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Frequently Asked Questions
Does a nyc notice of petition mean I have to move out now?
No. A nyc notice of petition only starts a court case. You can usually stay in your home while the case goes on, and only a court can order an eviction.
My landlord signed the papers personally. Are they valid?
Under RPAPL 731(1), a nyc notice of petition may be issued only by an attorney, a judge, or the court clerk. A landlord who has no lawyer cannot issue one. Show the papers to a legal-aid office so they can check.
Can I stop a nonpayment case by paying?
RPAPL 731(4) says the landlord must accept the full rent due if you pay before the hearing. That payment makes the nonpayment grounds moot. Keep proof of payment and still go to court.
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Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
New York Renter Guides
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.