A non-payment proceeding is a type of eviction proceeding where the landlord is seeking to evict the tenant based on the tenant’s failure to pay rent. In a non-payment proceeding, the money sought by the landlord must be rent or additional rent only, not money for repairs or damages; and it must have accrued in the past 6 months only. You cannot collect back rent from more than six months ago. This is known as the doctrine of stale rent, or more properly, “laches,” and it is like a statute of limitations on lawsuits for rent. The landlord must also have either demanded the rent from the tenant, or had a 3-day notice served on the tenant, before bringing a non-payment proceeding. The 3-day notice essentially demands that the tenant pay all of the back rent in full within 3 days, or move out. It lets the tenant know that if he does neither, the landlord will evict him. At the expiration of the 3-day timeframe, if the tenant still has not paid all rent due and owing, or moved out, the landlord may file a non-payment proceeding.