🗽 New York Eviction Notice Laws
Complete Landlord Guide to New York’s Complex Eviction Requirements
📋 Updated for • HSTPA CompliantLast reviewed: January
The Housing Stability and Tenant Protection Act of 2019 (HSTPA) dramatically transformed New York eviction law, extending notice periods and expanding tenant protections. Combined with local laws in NYC — including statewide Good Cause Eviction protections — New York landlords face some of the most complex eviction requirements in the country. This guide covers all requirements for both upstate New York and NYC.
📑 Table of Contents
Watch Overview📝 New York Eviction Notice Types
New York eviction law requires specific notices before commencing proceedings. The Real Property Law (RPL), Real Property Actions and Proceedings Law (RPAPL), and local laws govern these requirements. HSTPA significantly extended notice periods in 2019. New York distinguishes between “nonpayment” proceedings and “holdover” proceedings — using the wrong procedure is a common dismissal reason.
14-Day Rent Demand Notice
RPAPL § 711(2) / RPL § 235-e
Before filing a nonpayment proceeding, New York landlords must serve a written rent demand giving the tenant at least 14 days to pay. Extended from 3 days by HSTPA in 2019. The rent demand is a prerequisite to filing — without it, your nonpayment case will be dismissed.
- ✅ Must be in writing (strongly recommended)
- ✅ Must demand a specific rent amount
- ✅ Must identify the time period for which rent is due
- ✅ Must give tenant at least 14 full days to pay
- ❌ Cannot demand rent not yet due
- ❌ Cannot include late fees or unauthorized charges
Many landlords are still using outdated 3-day forms. Using a 3-day notice will result in immediate dismissal. Always verify your forms comply with current law before serving.
Notice to Cure (Lease Violation)
RPL § 226-b / Lease Terms
When a tenant violates lease terms that can be corrected, landlords must first serve a notice to cure before proceeding. The cure period depends on the violation and lease, but courts generally require at least 10 days for most curable violations.
- ✅ Must specifically describe the lease violation
- ✅ Must cite the lease provision being violated
- ✅ Must explain how tenant can cure
- ✅ Must give reasonable time to cure (10+ days)
- ✅ Must warn that failure to cure may result in termination
Notice of Termination (30/60/90 Day)
RPL § 226-c (HSTPA)
HSTPA created statewide notice requirements for lease terminations and non-renewals. Applies throughout all of New York State, not just NYC.
- 📅 Less than 1 year occupancy / lease under 1 year: 30 days’ notice
- 📅 1–2 years occupancy / lease 1–2 years: 60 days’ notice
- 📅 More than 2 years occupancy / lease over 2 years: 90 days’ notice
The 30/60/90-day notice requirements under RPL § 226-c apply throughout New York State. Upstate landlords must comply just like NYC landlords.
Unconditional Notice to Quit
RPAPL § 711
For serious violations that cannot be cured, or after a tenant fails to cure, landlords may serve an unconditional notice to quit.
- 🔴 After failed cure period
- 🔴 Illegal activity: drug dealing, violent crimes
- 🔴 Nuisance substantially interfering with others
- 🔴 Holdover after lease expires
New York has enacted statewide good cause eviction protections that limit when landlords can evict or non-renew in certain buildings. Check whether your property is covered before serving termination notices.
🏛️ HSTPA 2019: How New York Law Changed
The Housing Stability and Tenant Protection Act of 2019 (HSTPA), signed June 14, 2019, was the most significant overhaul of New York landlord-tenant law in decades. It dramatically expanded tenant protections, modified rent stabilization rules, and changed eviction procedures statewide.
| Requirement | Before HSTPA | After HSTPA (Current) |
|---|---|---|
| 💵 Rent demand notice | 3 days | 14 days |
| 📅 Termination notice (<1 year) | 30 days | 30 days |
| 📅 Termination notice (1–2 years) | 30 days | 60 days |
| 📅 Termination notice (>2 years) | 30 days | 90 days |
| 💰 Security deposit maximum | No limit | 1 month’s rent |
| 💰 Late fees | Per lease | Max 5% or $50 |
| ⏰ Security deposit return | “Reasonable time” | 14 days |
| 💳 Application fees | Per landlord | Max $20 |
New York’s statewide good cause eviction law adds another critical layer of protection. Landlords of covered buildings cannot evict or refuse to renew without demonstrating “good cause.” Check whether your property is covered and understand the permitted grounds before serving any termination notice.
🏢 Rent Stabilized Units: Special Requirements
Rent stabilization applies to approximately one million apartments in NYC and certain buildings in nearby counties. HSTPA significantly strengthened these protections. Rent stabilized evictions require strict compliance with additional requirements beyond market-rate units.
Special Requirements for Rent Stabilized Evictions
- Lease Renewal Rights: Tenants have the right to renew; landlords can only refuse for specific grounds
- Grounds for Non-Renewal: Limited to owner occupancy, non-primary residence, illegal use, and other narrow grounds
- Rent Increases: Limited to amounts set annually by the Rent Guidelines Board
- High-Rent Vacancy Decontrol: Eliminated by HSTPA — units can no longer be deregulated based on high rent
- Non-Renewal Notice: 90–150 days depending on lease term and occupancy length
Non-Renewal Notice
Rent stabilized units
Rent Stabilized Lease
Required lease form
RGB Rent Increase
Annual increase notice
Evicting a rent stabilized tenant is significantly more complex than market-rate evictions. Grounds are limited, procedures are strict, and errors can result in significant liability. Always consult with an attorney experienced in rent stabilization law.
🗽 NYC Specific Eviction Rules
NYC has additional tenant protections beyond state law, administered through NYC Housing Court. All NYC residential evictions go through Housing Court — a division of Civil Court dedicated to landlord-tenant matters. The court is known for being tenant-protective and will strictly enforce all notice and procedural requirements.
Additional NYC Requirements
- Right to Counsel: NYC tenants in covered zip codes have a right to free legal representation in eviction proceedings
- Bedbug Disclosure: Required to disclose bedbug history for the past year
- Window Guards: Required notice about window guard availability for households with children
- Lead Paint: Annual disclosure requirements for buildings built before 1960
- HPD Violations: Outstanding Housing Preservation and Development violations may be raised as defenses
Bedbug Disclosure
Required NYC disclosure
Window Guard Notice
Required for children
Lead Paint Disclosure
Pre-1978 buildings
📬 How to Properly Serve Eviction Notices in New York
Proper service is critical. RPAPL § 735 governs service requirements. Improper service is one of the most common reasons eviction cases are dismissed.
Personal Delivery (Preferred)
Hand the notice directly to the tenant in person. Most reliable method — can be done anywhere you find the tenant.
Substituted Service
If personal service fails, leave the notice with a person of suitable age and discretion at the tenant’s residence AND mail a copy by regular mail to the property address.
Conspicuous Place Service (Nail and Mail)
If substituted service is also not possible, affix the notice to the door in a conspicuous place AND mail a copy. Requires prior attempts at personal and substituted service with due diligence.
New York courts require proof of service. Keep detailed records of every service attempt including date, time, location, and what occurred. Consider using a professional process server who can provide a sworn affidavit of service.
⚖️ New York Housing Court Eviction Process
New York eviction proceedings are called “summary proceedings.” Despite being designed to be fast, New York evictions — especially in NYC — still take significantly longer than most other states.
Serve Required Predicate Notices
Serve all required notices — 14-day rent demand for nonpayment, notice to cure / notice of termination for holdover proceedings. Wait for the full notice period to expire before filing. Premature filing guarantees dismissal.
File Petition and Notice of Petition
File your petition with the Housing Court clerk. Filing fees vary by county but are typically $45–$85. In NYC, use the appropriate petition form for nonpayment or holdover proceedings.
Serve Petition and Notice of Petition
The petition and notice must be served on the tenant at least 5 days before the court date (10 days if served by nail and mail). File proof of service with the court.
Court Appearances
Both parties appear in court. NYC cases often go through multiple adjournments and settlement conferences. Tenants with Right to Counsel may have cases adjourned to obtain an attorney. Be prepared for multiple appearances.
Trial or Settlement
Many cases settle with stipulations — agreements where the tenant agrees to pay arrears or vacate by a certain date in exchange for dismissal. Consider whether a settlement gets you to your goal faster than trial.
Judgment and Warrant of Eviction
If you prevail, the court enters a judgment for possession. You must request a warrant of eviction. There is typically a stay period (often 14 days in NYC) before the warrant can be executed.
Marshal or Sheriff Executes Warrant
The City Marshal (NYC) or Sheriff (other counties) executes the warrant. They must provide 72-hour notice to the tenant in NYC before the actual eviction. Only a marshal or sheriff can physically remove a tenant.
⏱️ New York Eviction Timeline
| Stage | Timeline | Notes |
|---|---|---|
| 📝 Rent demand / predicate notice | 14–90 days | 14 days nonpayment; 30–90 for termination |
| 📋 File petition | 1–3 days | After notice period expires |
| 📬 Serve petition | 1–7 days | Must be 5–10 days before court date |
| ⚖️ Court appearances | 30–120+ days | Often multiple adjournments in NYC |
| 📜 Judgment and warrant | 14–30 days | Stay period after judgment |
| 🚔 Marshal executes warrant | 7–30 days | 72-hour notice required in NYC |
Total Realistic Timeline: Even uncontested NYC evictions typically take 3–6 months from notice to physical removal. Contested cases can take 6–12+ months. Upstate New York is generally faster at 2–4 months. Rent stabilized evictions take considerably longer.
Given New York’s lengthy eviction process, thorough tenant screening and prompt action when problems arise can minimize losses significantly. A cash-for-keys offer may sometimes be faster and cheaper than the full eviction process.
🛡️ Common Tenant Defenses to New York Evictions
Defective Notice / Improper Service
The most common defense. Any error in predicate notices or petition service can result in dismissal. Using outdated 3-day notices instead of 14-day, improper service methods, wrong notice periods for tenancy length — all require starting over entirely.
Warranty of Habitability
New York’s strong warranty of habitability (RPL § 235-b) allows tenants to claim rent abatement for uninhabitable conditions. HPD violations, lack of heat, pest infestations can reduce or eliminate rent owed, directly defeating nonpayment cases. See our guide to New York habitability laws.
Retaliation
RPL § 223-b prohibits retaliatory evictions. If eviction follows within 6 months of tenant complaints to government agencies, organizing activities, or exercising legal rights, retaliation is presumed and the landlord must prove a legitimate independent purpose.
Rent Stabilization Violations
For rent stabilized units, tenants can raise overcharge claims, challenge deregulation, or argue the landlord lacks grounds for eviction under rent stabilization law. DHCR complaints or overcharge findings can completely reshape the case.
Discrimination
NYC and NY State human rights laws provide broader protections than federal law, including source of income (Section 8), immigration status, and other protected categories. Apply all lease enforcement and eviction policies consistently across all tenants.
💰 New York Security Deposit Rules
HSTPA dramatically changed New York security deposit rules in 2019. Compliance with these rules is essential for avoiding counterclaims that could complicate eviction proceedings.
- Maximum Amount: Capped at one month’s rent statewide
- Return Timeline: Must be returned within 14 days after tenant vacates and provides forwarding address
- Itemized Statement: If any deductions are made, must provide itemized statement within 14 days
- Interest: Buildings with 6+ units must hold deposits in interest-bearing accounts and pay interest annually
- Normal Wear and Tear: Cannot be deducted from the deposit
- Penalty: Violations may result in forfeiture of the right to retain any portion of the deposit
See our full guide to New York security deposit laws for complete details.
📄 Get Free NY Security Deposit Itemization FormHSTPA eliminated the ability to collect more than one month’s rent as a security deposit. Collecting or retaining excess deposits can result in forfeiture of the entire deposit.
🔍 Avoid Costly NY Evictions with Better Screening
With New York’s lengthy eviction process, a bad tenant can cost you 6–12 months of rent plus legal fees. Comprehensive tenant screening is your best protection — results delivered in 24 hours or less.
🔗 More New York Landlord-Tenant Laws
Eviction is just one piece of New York’s extensive landlord-tenant framework:
New York Habitability Laws
Landlord repair & maintenance duties
Security Deposit Laws
1-month cap, interest & 14-day return
New York Late Fee Laws
5% / $50 cap & grace periods
Landlord Entry Laws
Notice requirements before entering
Rent Increase Laws
RGB limits, good cause & stabilization
Lease Termination Laws
How to properly end a NY tenancy
Breaking Lease Laws
Early termination & tenant remedies
Tenant Screening Laws
$20 fee cap & NYC fair chance rules
Pet & ESA Laws
Emotional support animal rules in NY
Background Check Rules
FCRA consent & adverse action
❓ New York Eviction FAQ
📚 Related New York Landlord Resources
⚖️ Legal Disclaimer
This guide provides general information about New York eviction laws and is not legal advice. New York landlord-tenant law is exceptionally complex, with different rules for rent stabilized units, NYC properties, and upstate properties. HSTPA (2019) and subsequent legislation including good cause eviction have significantly changed the landscape. This guide reflects requirements as of . Always consult with a qualified New York attorney before proceeding with an eviction.
