The New York Eviction Process: A Step-by-Step Guide for Landlords
Nonpayment vs. Holdover · The Predicate Notice · The Petition · Housing Court · The Hearing · Warrant of Eviction
New York has some of the most tenant-protective eviction laws in the country, and the process rewards the landlord who follows every step exactly and punishes the one who cuts a corner. An eviction here is not a landlord action but a court case, called a summary proceeding, filed under the Real Property Actions and Proceedings Law and decided by a judge. The sequence is orderly: pick the right proceeding type, serve the correct predicate notice, let the notice period run, file the petition in the proper court, prevail at the hearing, obtain the warrant of eviction, and let a marshal or sheriff carry it out. Miss a deadline, serve the wrong notice, or misstate the rent, and a New York judge can dismiss the case and send you back to the beginning — costing you weeks or months of lost rent. This guide walks the entire New York procedure end to end, flags the defects that get cases thrown out, and points to the one step that prevents most evictions: thorough screening before you hand over the keys.
Eviction in New York is a lawsuit called a summary proceeding, governed by Article Seven of the Real Property Actions and Proceedings Law, widely abbreviated RPAPL. It is heard in New York City Housing Court or, outside the city, in a local city, town, village, or district court, and it is enforced not by the landlord but by a city marshal or a county sheriff. Layered on top of the RPAPL are the sweeping 2019 reforms known as the Housing Stability and Tenant Protection Act, the 2024 Good Cause Eviction Law where it has been adopted, and, for many older buildings, rent stabilization or rent control. Because those layers stack, a step that is lawful for one New York unit can be unlawful for the next. New York law here is genuinely complex and still evolving, so every figure below is a starting point to verify, not a guarantee.
The short overview video below summarizes New York’s tenant-protective framework; the sections that follow break down each stage of the procedure in detail — the two proceeding types, the predicate notices, filing, the hearing, and the warrant — plus realistic timelines, costs, the tenant defenses you should expect, the landlord mistakes that lose cases, and the screening step that keeps most owners out of court entirely. This page covers the mechanics of the proceeding; when you are actually allowed to evict a covered tenant is the subject of the separate New York Good Cause Eviction Law guide.
The New York Eviction Process at a Glance
Core Steps
Notice → File Petition → Hearing → Judgment → Warrant → Marshal
Typical Timeline
Roughly 1 to 3 months uncontested; often 6 months to well over a year contested in NYC
Court
NYC Housing Court, or the local court where the property sits
Who Removes
Marshal or sheriff only — never you
How New York Eviction Law Is Different
Before the first notice goes out, it helps to understand why New York is harder than most states. Several layers of law apply at once, and all must be satisfied. First, the Real Property Actions and Proceedings Law, Article Seven, sets the summary-proceeding procedure: the grounds, the predicate notices, service, the petition, and the warrant. Second, the Housing Stability and Tenant Protection Act of 2019, universally called HSTPA, rewrote large parts of that procedure — it lengthened the rent demand to fourteen days, tied holdover termination notices to how long the tenant has lived there, capped late fees, restricted certain fees and security deposits, and gave judges broad power to stay evictions for hardship. Third, the Good Cause Eviction Law of 2024, where adopted, requires a statutory reason to evict or refuse renewal for covered units. And fourth, rent stabilization and rent control add still more protections for a large share of older New York City apartments.
The practical consequence is that a New York landlord cannot rely on a form found online or a process used in another state. The right notice depends on the grounds, the length of the tenancy, whether the unit is rent-regulated, and whether Good Cause applies. A single wrong figure on a rent demand, or service by a method the statute does not allow, can hand the tenant a complete defense. That is why most New York landlords — and nearly all corporate or LLC owners, who generally must appear through counsel — retain a landlord-tenant attorney, and why the documentation discipline in this guide matters even more here than elsewhere. Because the law is complex and changes often, treat every number below as something to confirm against the current RPAPL and the post-HSTPA rules before you act.
Self-Help Eviction Is Illegal in New York
No matter how far behind the tenant is, you may never take matters into your own hands. Changing the locks, removing the tenant’s belongings, taking off doors, or shutting off electricity, water, gas, or heat to force a tenant out is unlawful in New York. A tenant who is illegally locked out or forced out can seek to be restored to possession and can recover damages, and in New York City an unlawful eviction can carry criminal penalties as well. Only a city marshal or county sheriff, acting on a warrant of eviction, may remove a tenant. When in doubt, do nothing until that warrant is in hand and executed by the officer.
Takeaway
New York stacks several layers of law — the RPAPL summary proceeding, HSTPA, Good Cause where adopted, and rent regulation. All must be satisfied at once, and a single defect can restart the case. Treat eviction as a last resort, verify the current rules, and once you commit, follow every step precisely.
Step 1: Choose the Right Proceeding and Confirm Your Grounds
New York’s summary-proceeding statute splits eviction into two tracks, and picking the wrong one is a common and fatal mistake. Before anything else, decide which proceeding your facts require, and, for a covered unit, confirm you have a lawful reason to evict at all.
Nonpayment vs. Holdover
A nonpayment proceeding, under RPAPL section seven hundred eleven, subdivision two, is for one thing only: the tenant owes rent and you want the rent and possession. It begins with a fourteen-day written rent demand. A holdover proceeding, under RPAPL section seven hundred eleven, subdivision one, and related provisions, covers everything else — a lease that has expired, a month-to-month tenancy you have terminated, a serious or incurable lease violation, a nuisance, an unauthorized occupant, or a tenant remaining without permission. A holdover begins not with a rent demand but with the correct termination or predicate notice for the situation. If you serve a rent demand when the facts call for a holdover, or the reverse, the court can dismiss.
| Proceeding | When It Applies | How It Begins |
|---|---|---|
| Nonpayment | Tenant owes rent under a current lease or tenancy | Fourteen-day written rent demand, then petition |
| Holdover | Lease ended, tenancy terminated, lease violation, nuisance, or unauthorized occupant | The correct termination or cure notice, then petition |
For Covered Units, You Also Need Good Cause
Since 2024, New York’s Good Cause Eviction Law requires a landlord of a covered unit to have a statutory good-cause reason to evict or to refuse a lease renewal, and it constrains certain rent increases. It applies in New York City and in localities that have opted in, with a set of exemptions for small landlords, newer construction, higher-rent units, and owner-occupied buildings. Rent-stabilized and rent-controlled tenants already have their own strong protections. Whether a particular tenancy is covered, and what counts as good cause, is detailed and evolving. This guide is about the mechanics of the proceeding; for the substance of when you may lawfully evict or decline to renew, see the dedicated New York Good Cause Eviction Law guide and confirm coverage before you serve anything.
Grounds You Cannot Use
An eviction cannot rest on a tenant’s race, color, religion, national origin, sex, gender identity, sexual orientation, disability, familial status, source of income, or any other class protected by federal, state, or local law — New York protects more classes than federal law does, including source of income and, in many localities, lawful occupation. Nor may you evict in retaliation for a tenant exercising a legal right, such as requesting a repair, reporting a housing-code violation, or organizing with other tenants; New York law presumes retaliation for certain adverse actions taken within a set period after protected activity. A retaliatory or discriminatory motive turns a routine eviction into a losing case and a likely counterclaim.
Takeaway
First decide: nonpayment or holdover. Nonpayment is for unpaid rent and starts with a fourteen-day demand; a holdover is for everything else and starts with the right termination notice. For a covered unit you also need good cause, and you may never evict on a retaliatory or discriminatory motive.
Step 2: Serve the Correct Predicate Notice
The predicate notice is the foundation of the entire case, and New York courts scrutinize it closely. If it is defective — wrong type, wrong period, an inaccurate rent figure, a missing tenant, or improper service — the court can dismiss the petition and you must start over. More New York cases are lost on notice and service defects than on any other single mistake. Note that HSTPA changed several of these periods in 2019, so a form or template written before then may be wrong; verify the current requirement every time.
The Fourteen-Day Rent Demand (Nonpayment)
For nonpayment, HSTPA replaced the old three-day demand with a fourteen-day written rent demand under RPAPL section seven hundred eleven, subdivision two. It must state the rent claimed, and the amount and the covered period must be accurate. Demanding the wrong amount, or including charges that are not properly rent, can defeat the petition. A landlord may make an oral demand in some circumstances, but a written fourteen-day demand, properly served and documented, is the safe and standard practice. If the tenant pays the full amount owed, the nonpayment case generally cannot proceed, and HSTPA also expanded the tenant’s ability to stop an eviction by paying rent that is due even later in the process.
Termination and Cure Notices (Holdover)
Holdover notices vary with the situation. To end a month-to-month or expiring tenancy, HSTPA tied the notice period to how long the tenant has lived in the unit, under Real Property Law section two hundred twenty-six-c:
| Tenancy Length / Situation | Termination Notice | Authority |
|---|---|---|
| Occupied less than one year | Thirty-day notice | Real Property Law 226-c |
| Occupied one year but less than two years | Sixty-day notice | Real Property Law 226-c |
| Occupied two years or more | Ninety-day notice | Real Property Law 226-c |
| Curable lease violation | Ten-day notice to cure, then a notice to terminate | RPAPL / lease terms |
The same tenancy-length ladder generally applies when a landlord declines to renew a lease or raises the rent substantially for a non-regulated tenant. For a curable lease violation, the common practice is a notice to cure — frequently cited as a ten-day notice — giving the tenant a chance to fix the breach, followed by a notice of termination if the tenant does not cure. For serious, incurable conduct such as a nuisance or illegal use, a termination notice without a cure period may be appropriate. The exact notice, its length, and its contents depend on the grounds, the tenancy, and whether the unit is rent-regulated, so confirm the correct predicate notice for your specific facts before serving. These periods reflect post-HSTPA law and can change; verify the current version of Real Property Law section two hundred twenty-six-c.
The Predicate Notice Must Be Exact
New York courts strictly scrutinize predicate notices, and a defect is not curable mid-case — you generally must start over. The defects that most often get a petition dismissed: using a nonpayment demand when the facts call for a holdover notice or the reverse, stating the wrong rent amount, using the wrong notice period for the tenancy length, omitting a required tenant or occupant, failing to give a cure opportunity where one is required, or serving by a method the statute does not authorize. Use a current, New York-specific notice, fill it out precisely, and confirm the period against the post-HSTPA rules before you serve.
How to Serve the Notice
Content is only half the battle; how you deliver the notice decides whether a New York court accepts it. Predicate notices and the later petition must be served by a method the law allows — generally personal delivery to the tenant, substituted service on a person of suitable age and discretion at the premises combined with mailing, or, when those fail after reasonable effort, so-called conspicuous or “nail and mail” service (affixing the notice and mailing copies). RPAPL section seven hundred thirty-five governs service of the petition, and the predicate notice’s own service must satisfy its statute or the lease. Keep a signed, dated affidavit of service every time.
Document the Service, Every Time
Keep a signed, dated affidavit of service showing who served the notice, when, where, how, and to whom. Conspicuous “nail and mail” service in particular is only valid after genuine attempts at personal and substituted service, and New York courts read the service rules narrowly. Without a clean service record, a case can fail even when everyone agrees the tenant actually received the notice. When mailing is part of the method, keep the certificate or proof of mailing with the file.
Takeaway
Serve the right predicate notice for the proceeding — a fourteen-day demand for nonpayment, or the tenancy-length termination or cure notice for a holdover — by an allowed method, and keep the affidavit of service. HSTPA changed these periods in 2019, so verify the current requirement. A defective notice is the single most common reason New York cases are dismissed.
Step 3: File the Petition and Notice of Petition
Once the predicate notice period expires and the tenant has not paid, cured, or vacated, you commence the summary proceeding by filing a petition and a notice of petition — but never before the notice period ends, because filing early causes dismissal. In New York City the case is filed in the borough’s Housing Court, part of the Civil Court of the City of New York; outside the city it is filed in the local city, town, village, or district court that has jurisdiction where the property sits. The petition states the grounds, the parties, the premises, and the relief sought; the notice of petition sets the date the tenant must appear or answer.
What to Bring When You File
- The petition and the notice of petition, prepared for the correct proceeding type
- A copy of the signed lease or rental agreement, if any
- A copy of the predicate notice you served, with its affidavit of service
- A rent ledger showing every charge, payment, and the running balance (for nonpayment)
- Any rent-regulation or Good Cause documentation that applies to the unit
- The filing fee, which is generally modest in Housing Court but varies by court and county
Serving the Petition
After filing, the petition and notice of petition must be served on the tenant — a step separate from the predicate notice — under RPAPL section seven hundred thirty-five, using personal, substituted, or conspicuous service with the required mailings, within the window the statute sets before the return date. Use an authorized process server and file proof of service promptly; defective service of the petition can unravel a judgment later. Because the timing between service and the return date is prescribed by statute, serving too early or too late can itself be a defect.
The Tenant’s Answer and the Return Date
On the return date set by the notice of petition, the tenant may appear and answer, raising defenses and any counterclaims — commonly a defective notice, improper service, a rent overcharge, or breach of the warranty of habitability. In New York City nonpayment cases the answer is often made at the clerk’s window or on the record, while holdover answers are frequently in writing. If the tenant does not appear or answer, you may seek a default judgment — but confirm service was correct, because a default can be reopened if service was defective, and courts scrutinize defaults in eviction cases closely.
Takeaway
File the petition and notice of petition in the proper court — NYC Housing Court or the local court — promptly, but never before the notice period ends. Bring the lease, the served predicate notice with its affidavit, and a clean rent ledger, then have the petition served under RPAPL section seven hundred thirty-five and watch the return date.
Step 4: The Hearing and the Tenant’s Defenses
New York summary proceedings are meant to be fast, but in practice, especially in New York City Housing Court, they involve multiple appearances, adjournments, and settlement discussions before a case is actually tried. Many cases resolve by stipulation of settlement — a written, so-ordered agreement, for example a payment plan in a nonpayment case or an agreed move-out date in a holdover. If the case is tried, it is decided almost entirely on documentation, so preparation, not eloquence, wins. Bring the originals and organized copies of everything.
What to Bring to the Hearing
- The original signed lease or rental agreement
- The original predicate notice with its affidavit of service
- A rent ledger showing all charges, payments, and the balance
- Copies of every written communication with the tenant
- Any rent-registration, Good Cause, or exemption records that apply to the unit
- Photos, repair records, inspection reports, or witness statements supporting the grounds
Common Tenant Defenses in New York
| Tenant Defense | How You Counter It |
|---|---|
| Defective or missing predicate notice | Serve the correct notice from the start; verify the type, the period, and every tenant name before filing |
| Improper service of the notice or petition | Use an authorized server and an allowed method under RPAPL section seven hundred thirty-five, and keep a clean affidavit |
| Breach of the warranty of habitability (Real Property Law 235-b) | Show timely repairs and written responses to every maintenance request |
| Rent overcharge or improper fees | Keep an accurate ledger and charge only lawful rent; confirm regulated-rent limits and the late-fee cap |
| Retaliation or discrimination | Document a legitimate, contemporaneous reason and consistent treatment of all tenants |
| Good Cause or rent-regulation noncompliance | Confirm coverage, state a lawful ground, and follow the registration and renewal rules |
A tenant who genuinely will not leave despite a valid case can still draw things out with adjournments, an order to show cause, or a request for a hardship stay, which HSTPA gave judges broad discretion to grant. Our national guide on what to do when a tenant won’t leave covers the delay tactics and how to keep a case moving. For nonpayment specifically, the non-paying tenant guide walks through the demand and partial-payment traps in more depth. For a plain-language overview of what a summary proceeding is, see our explainer on what an unlawful detainer is — New York’s equivalent action.
Takeaway
New York hearings are won on paper, and many end in a so-ordered stipulation rather than a trial. Arrive with the lease, the served notice, the affidavit of service, and a clean rent ledger, and be ready to rebut the standard defenses — defective notice, improper service, habitability, overcharge, retaliation, and Good Cause noncompliance — with documents, not arguments.
Step 5: Judgment, Warrant of Eviction, and the Marshal
Winning does not put you back in the unit — it earns you the right to have the tenant removed. That final removal runs on its own track, and only a marshal or sheriff may carry it out.
Obtain the judgment of possession
If you prevail or the tenant defaults, the court awards a judgment of possession, and in a nonpayment case typically a money judgment for the rent owed as well.
Request the warrant of eviction
The court issues the warrant of eviction, which ends the landlord-tenant relationship and directs a city marshal or county sheriff to remove the tenant and restore possession to you.
The marshal serves the notice of eviction
Before executing the warrant, the marshal or sheriff must give the tenant written notice — commonly cited as fourteen days under HSTPA — and a judge may still stay the eviction for hardship. Verify the current notice period.
The marshal executes the eviction
If the tenant has not left by the deadline, the marshal or sheriff carries out the eviction and returns possession to you. Be present to secure and re-key the unit the moment it is restored.
Document the condition immediately
Photograph and video every room as soon as you regain possession. This record supports any security-deposit deductions and damage claims.
Belongings Left Behind in New York
If the tenant leaves property behind after a lawful eviction, do not simply throw it out. Handling of abandoned belongings is governed by the warrant, the lease, and local practice, and disposing of a tenant’s property improperly can make you liable for its value. In New York City in particular, the marshal’s procedures and local rules address storage and removal of belongings. Follow the officer’s guidance and the applicable rules to the letter, and when in doubt, ask your attorney before discarding anything.
Takeaway
A judgment is not possession. You still need a warrant of eviction and execution by a marshal or sheriff to complete a New York eviction, after the required notice to the tenant and subject to a possible hardship stay. Never remove the tenant yourself, document the unit’s condition immediately, and handle any abandoned belongings through the required procedure.
Realistic New York Eviction Timeline
New York is deliberately slow compared with landlord-friendly states, and the biggest variables are whether the tenant contests, whether a hardship stay is granted, and how backed up the court is. New York City Housing Court, in particular, runs far longer than the ranges below because of crowded calendars and mandatory steps. Use these to set expectations, not as a promise, and verify current practice with the specific court.
| Stage | Typical Duration |
|---|---|
| Predicate notice period (14-day demand, or 30/60/90-day termination) | Fourteen to ninety days |
| File the petition and serve it | About one to a few weeks |
| First return date to a resolved or tried case | Weeks to many months, with adjournments |
| Warrant issues and the marshal schedules execution | Often a few weeks, plus the required notice to the tenant |
| Total, uncontested (less-crowded court) | Roughly one to three months |
| Total, contested (especially NYC) | Often six months to well over a year |
For a national comparison of how New York stacks up against faster states, see the how to evict a tenant guide, which lays out the general sequence and the timeline ranges by state type, and the cost of eviction by state comparison.
What a New York Eviction Actually Costs
The out-of-pocket fees are only part of the picture, and usually the smaller part. Think of the cost of a New York eviction in buckets, then weigh the total against the modest cost of preventing it. Every figure below is stated in words, because the number that matters is the comparison, not the precise dollar, and court fees vary by court and county.
- Filing fee. Modest in Housing Court, often on the order of tens of dollars, though it varies by court and by the amount demanded.
- Service fee. An authorized process server typically charges a per-attempt or per-service fee to serve the petition, and more when multiple attempts are needed.
- Marshal or sheriff fee. Obtaining and executing the warrant carries an officer’s fee, which varies by locality.
- Attorney fee. Nearly universal for contested cases and required for most business entities; a contested New York City case can run into the thousands of dollars.
- Lost rent and turnover. Almost always the biggest cost — the rent you never collect during a process that can run many months in New York, plus cleaning, repairs, and re-renting.
The Real Math
Add it up and even a smooth, uncontested New York eviction commonly costs the equivalent of one to two months of rent once lost income is counted; a contested one in New York City can cost several months of rent plus substantial legal fees. That total is the number to weigh against the small, one-time cost of screening an applicant thoroughly before move-in — and the comparison is not close.
Common Landlord Mistakes That Lose New York Cases
New York judges dismiss summary proceedings for procedural defects far more often than for weak facts. Avoid these and you avoid most of the delays that plague landlords here.
1. Choosing the wrong proceeding. Filing a nonpayment case when the facts call for a holdover, or the reverse, is a common and often fatal error. Match the proceeding to the grounds before you serve anything.
2. A defective predicate notice. Using the wrong notice period for the tenancy length, stating the wrong rent, omitting a tenant, or skipping a required cure opportunity voids the notice and restarts the clock. Predicate defects generally cannot be fixed mid-case.
3. Ignoring HSTPA, Good Cause, or rent regulation. Using a pre-2019 three-day demand, missing the tenancy-length notice ladder, or failing to comply with Good Cause or rent-stabilization rules for a covered unit is fatal. Confirm coverage before you begin.
4. Self-help eviction. Changing locks, removing belongings, or cutting utilities is illegal in New York and converts your case into the tenant’s claim against you, with damages and, in New York City, possible criminal exposure.
5. Improper service. A texted notice, a note under the door, or a mailing that skips the required personal or substituted attempts is not valid service. Use an authorized method and keep the affidavit.
6. Filing before the notice period expires. Even one day early causes dismissal. Count the full period, and confirm how the days are computed for your notice.
7. Thin documentation. Without the lease, the served notice, the affidavit of service, the rent ledger, and any regulation paperwork, you can lose even when the tenant plainly owes money. If it is not documented, to a New York court it did not happen.
Alternatives Worth Trying First
Because a New York eviction is slow and expensive, a resolution that keeps rent coming or clears the unit sooner is often the better business decision — even when you would win in court.
✓ Often Cheaper Than Filing
- Payment plan. A written, dated agreement to bring a first-time late tenant current over a few weeks — often the very stipulation a court would encourage anyway.
- Cash for keys. Pay the tenant an agreed sum to move out by a date and leave the unit clean — frequently cheaper than many months of lost rent in New York.
- Mediation. Many New York courts and community programs offer free or low-cost mediation that can settle a dispute faster than a contested case.
✕ When Alternatives Don’t Fit
- Illegal activity or a serious safety threat — move to a holdover promptly.
- A tenant who repeatedly breaks agreements — further deals rarely stick.
- A holdover who simply refuses to engage — use the court process.
Put any alternative in writing. A cash-for-keys deal in particular should be a signed agreement specifying the move-out date, the condition of the unit, and that the payment is contingent on the tenant leaving on time and turning over the keys.
The Best New York Eviction Is the One You Never File
Every experienced New York landlord learns the same lesson: the surest way to avoid a months-long summary proceeding is to avoid renting to someone likely to require one. Nonpayment, repeat violations, and prior evictions rarely come out of nowhere — they usually leave a paper trail an applicant’s history reveals before they ever get the keys. Thorough screening is not about being harsh; it is about matching the right tenant to your property so the relationship never reaches a Housing Court calendar.
A comprehensive tenant screening report surfaces the red flags that predict trouble: a prior eviction filing or judgment, unpaid collections, a pattern of late payments, income that does not support the rent, or a criminal record relevant to safety. In New York, that screening must be done carefully and lawfully — the Fair Credit Reporting Act governs how reports are used, and New York rules restrict how eviction records and certain other information may be considered, while local ordinances add further limits. Applied fairly, consistently, and in compliance, that information lets you approve strong applicants with confidence and decline the ones who would likely have you back in this guide six months later.
Weigh the numbers. The cost of screening an applicant is a small, one-time fee. The cost of a single New York eviction — filing, service, an attorney, and many months of lost rent and turnover — runs into the equivalent of multiple months of rent. Screening is the cheapest insurance a New York landlord can buy.
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Frequently Asked Questions
How long does the eviction process take in New York?
There is no fixed timeline. An uncontested nonpayment case in a less-crowded upstate court can move in roughly one to three months, but a contested case in New York City Housing Court commonly runs six months to well over a year because of crowded calendars, mandatory adjournments, and hardship stays. New York is deliberately tenant-protective, especially after the 2019 Housing Stability and Tenant Protection Act, so treat any timeline as a rough estimate and confirm current local practice. Every notice and filing step must be exact or a judge can dismiss the case and send you back to the start.
What is the difference between a nonpayment and a holdover proceeding in New York?
A nonpayment proceeding under Real Property Actions and Proceedings Law section seven hundred eleven, subdivision two, seeks unpaid rent and possession, and it begins with a fourteen-day written rent demand. A holdover proceeding covers everything else, a lease that has ended, a terminated month-to-month tenancy, a serious lease violation, or a tenant staying without permission, and it begins with the appropriate termination or predicate notice rather than a rent demand. Choosing the wrong proceeding type is a common and fatal mistake, so confirm which one your facts require before serving anything.
How many days is a rent demand in New York?
For nonpayment, the Housing Stability and Tenant Protection Act of 2019 set a fourteen-day written rent demand under Real Property Actions and Proceedings Law section seven hundred eleven, subdivision two, replacing the older three-day demand. The demand must state the rent claimed, and the amount and the period must be accurate, because an overstated or defective demand can defeat the petition. Verify the current requirement and the correct service method before you rely on it, as New York procedure has changed repeatedly.
Do New York landlords have to give good cause to evict?
For a covered tenancy, yes. New York’s Good Cause Eviction Law, enacted in 2024 and adopted in New York City and in localities that have opted in, requires a landlord of a covered unit to have a statutory good-cause reason to evict or to refuse a lease renewal, and it limits certain rent increases. Rent-stabilized and rent-controlled units already had their own strong protections. Coverage, exemptions, and thresholds are detailed and evolving, so confirm whether the unit is covered before you begin. This procedure guide covers the mechanics of the proceeding; the separate good-cause guide covers when you are allowed to evict at all.
Can a New York landlord change the locks to remove a tenant?
No. Self-help eviction is illegal in New York. A landlord may not change the locks, remove a tenant’s belongings, or shut off heat, water, gas, or electricity to force a tenant out. Only a court can order an eviction, and only a marshal or sheriff, acting on a warrant of eviction, may physically remove a tenant. Unlawful eviction can expose a landlord to civil liability and, in New York City, to criminal penalties, so never take possession yourself until a warrant has been executed.
How much does an eviction cost in New York?
Court filing fees are modest, often on the order of tens of dollars in Housing Court, but the real cost is elsewhere. Service of process, a marshal or sheriff to execute the warrant, and, in almost every contested case, an attorney, add up quickly, and legal fees for a contested New York City case can run into the thousands. The largest cost is nearly always the lost rent during a process that can stretch many months. Confirm current fees with the specific court, because amounts vary by court and county.
What is a warrant of eviction in New York?
A warrant of eviction is the court order that ends the landlord-tenant relationship and directs a marshal or sheriff to remove the tenant and restore possession to the landlord. The court issues it after a judgment of possession. Under the Housing Stability and Tenant Protection Act, the marshal or sheriff must give the tenant written notice, commonly cited as fourteen days, before executing the warrant, and a judge retains discretion to stay the eviction in cases of hardship. Verify the current notice period and stay rules, which have changed.
What are the most common tenant defenses in a New York eviction?
The defenses that most often defeat a New York petition are a defective or missing predicate notice, an incorrect rent demand, improper service of the notice or the petition, breach of the warranty of habitability under Real Property Law section two hundred thirty-five-b, rent overcharge or improper fees, retaliation, discrimination, and, for covered units, failure to comply with the Good Cause Eviction Law or rent-stabilization rules. Most of these are procedural, which is why precision at every step matters so much in New York.
Can I file an eviction in New York without a lawyer?
An individual owner can sometimes appear on their own in a nonpayment case in some courts, but a corporation, LLC, or partnership generally must be represented by an attorney in New York courts. New York eviction procedure is technical and heavily tenant-protective, and a single mistake in the notice, the service, or the petition can require you to start over. Most landlords, and nearly all business entities, retain a landlord-tenant attorney. Confirm the rules for your specific court and entity type.
Is there still an eviction moratorium in New York?
The statewide pandemic-era eviction moratorium has expired. However, the tenant protections added by the Housing Stability and Tenant Protection Act of 2019 remain fully in force, the Good Cause Eviction Law now applies to covered tenancies where adopted, and courts retain broad discretion to grant hardship stays. Local rules and emergency measures can change, so always confirm the current status with the court before serving any notice or filing.
How can a landlord avoid evictions in New York in the first place?
Screen thoroughly before handing over the keys. Because a contested New York eviction can take many months and cost the equivalent of several months of rent, a comprehensive tenant screening report that surfaces prior evictions, unpaid judgments, and unstable income is the cheapest insurance a New York landlord can buy. Screening must follow the Fair Credit Reporting Act and New York rules, which restrict how eviction records and certain other information may be used, so apply your criteria fairly and consistently to every applicant.
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