Many Landlords incorrectly believe that if a Tenant falls behind on rent the Landlord is automatically entitled to evict them.

While it is true that non-payment of rent can form the grounds to pursue a summary eviction proceeding, there is an important caveat that a Landlord should bear in mind before initiating an eviction proceeding. Specifically, if the Tenant manages to catch up fully and completely on the rent owed before the eviction hearing (trial) date, the eviction is stopped and the Tenant will get to remain at the property.

RPAPL Section 731(4) states: “In an action premised on a Tenant defaulting in the payment of rent, payment to the Landlord of the full amount of rent due, when such payment is made at any time prior to the hearing on the petition, shall be accepted by the Landlord and renders moot the grounds on which the special proceedings was commenced.”

Again, what this means in simple terms, is that if, at any point after the initiation of an eviction proceeding, the Tenant catches up on the rent fully and completely, the eviction is stopped and the Tenant gets to remain at the property.

From a practical perspective, this means that it might not make sense for a landlord to initiate an eviction proceeding if the tenant is only behind one month’s rent. This is because the cost of hiring an attorney, process server and court filing fees are unlikely to be recouped in a summary eviction proceeding. If the Tenant is only behind one month’s rent and the Landlord pays all the costs for an eviction, only to have the Tenant cough up the rent before the eviction is complete, the Landlord is likely losing money.

It is important for a Landlord to talk with an experienced Eviction Attorney before initiating eviction proceedings in order to ascertain whether the proceedings should be initiated immediately or if it makes more sense to wait an additional month.