Can't Pay Rent in New York: What Are My Options?

What the law says

1. 1

   Rent is late once 5 days pass after the due date. Then your landlord must send you a written notice by certified mail saying the rent was not received. If your landlord never sent this notice, you can raise that as a defense in an eviction case about not paying rent.

   Sources:

   1. Late Fees, New York Attorney General. A government guide.
   2. Real Property Law § 235-e(d), New York State Senate. Law.
2. 2

   Your landlord cannot charge a late fee until the rent is more than 5 days late. The late fee cannot be more than $50 or 5% of your monthly rent, whichever is less. 5% of $800 rent is $40, so the most your landlord can charge is $40. 5% of $2,000 rent is $100, so the most is $50. A lease clause that says otherwise does not count; the court will not enforce it.

   Sources:

   1. Late Fees, New York Attorney General. A government guide.
   2. Real Property Law § 238-a(3), New York State Senate. Law.
3. 3

   Pay in a way you can prove. If you pay in cash, by money order, or by anything other than your own personal check, your landlord must give you a written receipt. The receipt must show the date, the amount, the home and period paid for, and the signature of the person who took the money. If you pay by personal check, you can ask in writing for receipts, and your landlord must then give them.

   Source:

   1. Real Property Law § 235-e(b), New York State Senate. Law.
4. 4

   Missing rent does not let your landlord put you out. Your landlord must win a court case first. After that, only a sheriff, marshal, or constable can carry out the court's warrant (the order that lets an officer remove you).

   Sources:

   1. Tenant Protections During Eviction, New York Attorney General. A government guide.
   2. RPAPL § 711, New York State Senate. Law.
5. 5

   Your landlord cannot shut off your utilities (water, heat, electric, gas) to push you out for unpaid rent. Doing this on purpose breaks a state law called a violation. A violation is not a crime. It carries at most 15 days in jail. Cutting off water, heat, or other needed services to make you leave is also an unlawful eviction. That is a class A misdemeanor (a low-level crime), with a civil penalty of $1,000 to $10,000 for each act. This is the same penalty as when a landlord locks you out illegally.

   Sources:

   1. Tenant Protections During Eviction, New York Attorney General. A government guide.
   2. RPAPL § 768(1)(a), New York State Senate. Law.
   3. Real Property Law § 235(1), New York State Senate. Law.
   4. Penal Law § 10.00(3)-(6), New York State Senate. Law.

Get help paying rent

6. 6

   If you have eviction papers, you may qualify for Emergency Assistance. It can pay rent you already owe. You do not need to get ongoing public assistance to get it. Contact your local department of social services as soon as you can. Outside New York City, you can also apply online at myBenefits.ny.gov. You can dial 211 to find local help. In New York City, call 311.

   Sources:

   1. Temporary Assistance, Emergency Benefits, New York State Office of Temporary and Disability Assistance. A government guide.
   2. Where You Can Receive Immediate Assistance, New York State Office of Temporary and Disability Assistance. A government guide.
7. 7

   If you are short on money because of heating bills, the Home Energy Assistance Program (HEAP) may help pay them. You can apply only when the HEAP season is open. It normally opens in early to mid-November and runs until the money runs out. Outside New York City, you can apply for regular HEAP online at myBenefits.ny.gov. In New York City, you can apply online at access.nyc.gov.

   Source:

   1. Apply, The State of New York. A government guide.
8. 8

   You may qualify for an emergency HEAP payment if your heat is off or about to be shut off. It also counts if the electricity that runs your heating system is off or about to be shut off. Outside New York City, call your county's HEAP local district contact. In New York City, call 718-557-1399. The 2026-2027 emergency benefit is scheduled to open November 2026.

   Source:

   1. Emergency Benefit, The State of New York. A government guide.

If you still cannot pay

9. 9

   If you move out before your lease ends because you cannot pay, your landlord cannot just bill you for every month left on the lease. Your landlord must make reasonable efforts to rent the home again at the same rent or the market rent, whichever is lower. Once a new tenant's lease starts, your lease ends and you stop owing rent. If your landlord sues you for the rent, the landlord must prove these efforts were made.

   Source:

   1. Real Property Law § 227-e, New York State Senate. Law.