New York Eviction Process

Last Updated: October 27, 2025 by Thomas Krasomil

New York landlords facing difficult tenants often find themselves buried in confusion about how the New York eviction process and laws actually work. This guide cuts through that uncertainty, breaking down the legal steps, timelines, and landlord-tenant laws that shape every eviction from start to finish.

How New York Law Defines Eviction

Eviction in New York is a tightly regulated legal process that helps landlords regain possession of a rental property. Every step must follow strict court-approved rules to remain valid and enforceable.

You’ll find New York’s eviction laws outlined in the Real Property Actions and Proceedings Law (RPAPL), primarily in Articles 7 and 7-A.

Eviction With Just Cause

In New York, “just cause” means a lawful and clearly stated reason for ending a tenancy, such as unpaid rent, violating lease terms, or using the property for illegal activity. Landlords can remove tenants only for just cause when state or local law—like the Housing Stability and Tenant Protection Act (HSTPA)—requires it.

Common just-cause grounds include failure to pay rent, lease breaches, nuisance behavior, or refusal to allow access for inspections or repairs. For both landlords and tenants, the just-cause standard encourages transparency and accountability. Maintaining records of payments, violations, and notices helps support a strong case if an eviction dispute goes to court.

Applicable law: N.Y. Real Prop. Acts. Law § 711; Housing Stability and Tenant Protection Act of 2019 (HSTPA)

No-Fault Evictions

In New York, landlords can end a fixed-term tenancy without cause only after the lease expires. If a written lease lists a clear end date, landlords may simply choose not to renew it. However, rent-stabilized and rent-controlled tenants have additional protections under state law.

For month-to-month tenants, landlords must give written notice of 30, 60, or 90 days—depending on how long the tenant has occupied the unit—before ending the tenancy. The notice must match the rent due date to be valid and enforceable.

Applicable law: N.Y. Real Prop. Law § 232-a; N.Y. Real Prop. Law § 232-b

Grounds for Eviction in New York

Landlords in New York can remove tenants only for specific, legally recognized reasons that qualify as just cause. These reasons cover:

Non-Payment of Rent

In New York, tenants usually have a 5-day grace period after rent is due before it becomes late. Once that period passes, the landlord can deliver a Fourteen-Day Notice to Pay Rent or Quit, requiring full payment or the tenant’s immediate departure from the property.

If the tenant fails to comply, the landlord may file an eviction case in housing court. Late fees must follow state-imposed limits, and landlords should maintain clear payment records to strengthen their case if the matter proceeds to court.

Applicable law: N.Y. Real Prop. Acts. Law § 711(2), N.Y. Real Prop. Law § 235-e(d)

Lease Violations

A lease agreement outlines the rules for how landlords and tenants share a property. When tenants break those terms, New York landlords gain legal grounds to begin the eviction process.

Common examples of lease violations include:

• Hosting loud rooftop parties every weekend despite a written “no gatherings after 10 p.m.” rule
• Subletting the unit on Airbnb during Fashion Week without written consent from the landlord
• Removing smoke detectors or repainting the kitchen neon green against the lease’s alteration clause

A clear, well-written lease protects both parties. Understanding and following those terms helps prevent disputes, maintain property condition, and avoid costly trips to housing court.

Applicable law: N.Y. Real Prop. Acts. Law § 711(1), N.Y. Real Prop. Law § 226-b

Illegal Use of the Premises

Under New York law, landlords can evict tenants who use a rental property for illegal activity. Whether a tenant operates an unlicensed cannabis shop from the living room, sells stolen electronics from a closet, runs a gambling operation in the basement, or stores illegal firearms in shared areas, the landlord can immediately begin eviction proceedings.

Illegal conduct puts other tenants, the property, and the landlord’s legal standing at risk. Prompt documentation, police reports, and swift court action are critical to protect the property and ensure compliance with state law.

Applicable law: N.Y. Real Prop. Acts. Law § 711(5), N.Y. Real Prop. Acts. Law § 715

Tenant Actions that Threaten Health or Safety

New York law requires tenants to maintain their rental units in a clean, safe, and habitable condition. Ignoring these responsibilities can lead to eviction for creating unsafe or unhealthy living conditions. Such violations often fall under New York’s warranty of habitability statutes.

Common examples of health and safety violations include:

• Blocking fire escapes or hallways with furniture, trash, or personal items
• Allowing pest infestations such as rodents or cockroaches to spread through the building
• Disabling or tampering with smoke and carbon monoxide detectors
• Storing flammable or hazardous materials like gasoline or propane indoors

Landlords should document each issue with dated photos, inspection reports, and written notices before filing for eviction. If tenants fail to fix dangerous conditions, landlords can pursue legal action while complying with habitability laws.

Applicable law: N.Y. Real Prop. Law § 235-b, N.Y. Real Prop. Acts. Law § 711(1)

Destruction or Neglect of the Rental Unit

New York tenants must keep their rental units in good condition and avoid causing damage beyond normal wear and tear. When renters neglect maintenance or intentionally damage the property, landlords can seek eviction for waste or destruction under state law.

To prove property damage, landlords should collect dated photos, inspection reports, contractor estimates, and written warnings or repair requests. Detailed documentation supports the landlord’s claim in housing court and helps recover repair costs through the tenant’s security deposit or a court judgment.

Applicable law: N.Y. Real Prop. Acts. Law § 711(1), N.Y. Real Prop. Law § 227

Tenant is in a Month-to-Month Rental Contract

New York landlords can terminate a month-to-month rental agreement without stating a reason, as long as they meet the proper notice requirements. The length of notice depends on how long the tenant has occupied the unit: 30 days for under 1 year, 60 days for 1–2 years, and 90 days for more than 2 years.

Landlords must serve a written Notice to Terminate Tenancy that aligns with the correct notice period. If the tenant stays past the termination date, the landlord may file an eviction case in housing court to recover possession of the property.

Applicable law: N.Y. Real Prop. Law § 232-a, N.Y. Real Prop. Law § 232-b

Step-by-Step Eviction Process in New York

New York eviction follows a strict, court-supervised, step-by-step process from notice to judgment and enforcement. Landlords must serve papers, meet deadlines, and document everything to proceed lawfully through each step.

Here are the steps landlords must take:

1. Deliver Notice to the Tenant

Landlords kick off the eviction process by pinpointing the exact reason for removal and serving the proper notice. For missed rent, deliver a Fourteen-Day Notice to Pay Rent or Quit. For fixable lease violations, use a Notice to Cure, giving the tenant a brief chance to correct the issue before termination.

Serious misconduct, like illegal activity, threats, or chronic nuisance, can’t be undone. In those cases, serve a Notice of Termination and move forward. Follow New York’s strict service rules: hand-deliver, mail, or post as required, then serve the petition and notice of petition under RPAPL § 735. Keep detailed records of when, how, and to whom every notice was delivered.

Notice Forms & Timelines

• Fourteen-Day Notice to Pay Rent or Quit: Use for nonpayment. Demands full rent within 14 days before filing a nonpayment case.
• Ten-Day Notice to Cure: Use for curable lease breaches where required by lease or local law (common in NYC and rent-stabilized units).
• Notice of Termination (holdover): Use after an uncured breach or for incurable grounds like illegal use or nuisance. The typical termination period is at least 30 days, per the lease or local rule.
• Notice to Terminate Tenancy (month-to-month): Provide 30, 60, or 90 days based on occupancy length (less than 1 year, 1–2 years, more than 2 years).
• Notice of Nonrenewal / Rent increase 5%+ (fixed term): Give 30, 60, or 90 days’ advance notice under HSTPA when nonrenewing or raising rent 5% or more.

Applicable law: N.Y. Real Prop. Acts. Law § 711, N.Y. Real Prop. Acts. Law § 735

2. File an Eviction Lawsuit Against the Tenant

Once the notice period ends or the tenant fails to correct a violation, the landlord can file a petition and notice of petition with the local housing or district court where the property is located. These filings will formally begin the eviction process and request possession of the rental unit.

Filing fees in New York will typically range from about $45 to $185, depending on the county and case type. After the landlord files the paperwork, the clerk will assign an index number, record the documents, and set a court date for both parties to appear.

Applicable law: N.Y. Real Prop. Acts. Law § 731, N.Y. Real Prop. Acts. Law § 733

3. Serve Court Summons Paperwork to the Tenant

Once the New York clerk sets a court date, the landlord will hire a licensed process server or the county sheriff to deliver the summons and petition to the tenant. The process server will then complete an Affidavit of Service, detailing how and when the papers were delivered. The landlord will then file this affidavit with the court as proof of proper service under RPAPL 735.

After receiving the summons and petition, the tenant may respond in writing or appear in court on the scheduled date. Both parties will be required to attend the hearing, where the judge will review evidence and testimony before issuing a decision.

Applicable law: N.Y. Real Prop. Acts. Law § 735, N.Y. Real Prop. Acts. Law § 732

4. Attend the Eviction Hearing

When the court date arrives, both the landlord and tenant (or their attorneys) will appear before a housing court judge. Each side will present its case, explain the reason for the eviction, and share evidence such as rent ledgers, lease agreements, inspection reports, and communication records.

The judge will review every detail and may request additional documentation, photos, or witness testimony from neighbors, property managers, or maintenance staff. Both sides will have the opportunity to clarify their statements before the judge considers the evidence and prepares to make a decision.

Applicable law: N.Y. Real Prop. Acts. Law § 745, N.Y. Real Prop. Acts. Law § 747

5. Court Reaches a Ruling

After reviewing testimony and exhibits, the Housing Court judge will issue a Judgment for Possession or dismiss the case. In New York, this decision will typically arrive the same day or within about 1 week, depending on the court calendar and any requested supplemental briefing.

If the judge rules in the tenant’s favor, the tenant will remain in the unit and receive repairs or abatements. If the judge rules in the landlord’s favor, the court will issue a Judgment for Possession, authorizing the next step in the process: a Warrant of Eviction. Tenants may file a Notice of Appeal within 30 days or request a stay of execution for up to 1 year in cases of hardship under RPAPL § 753.

Applicable law: N.Y. Real Prop. Acts. Law § 747, N.Y. Real Prop. Acts. Law § 753

6. Judge Issues a Judgment for Possession and Warrant of Eviction

If the judge rules in favor of the landlord, the court will issue a Judgment for Possession along with a Warrant of Eviction. This court order authorizes law enforcement to remove the tenant and return possession of the rental property to the landlord.

Once the warrant is issued, the enforcing officer will serve the tenant with a 14-day Notice to Vacate before scheduling a physical eviction. During this time, the tenant can move out voluntarily or request a stay of execution. However, once the deadline expires, law enforcement will proceed with removal.

Applicable law: N.Y. Real Prop. Acts. Law § 749, N.Y. Real Prop. Acts. Law § 753

7. Law Enforcement Executes the Warrant of Eviction

If the 14-day deadline passes and the tenant still refuses to vacate, a county sheriff, city marshal, or constable (depending on the local jurisdiction) will execute the Warrant of Eviction. Only these officers can legally remove occupants, supervise the lockout, and return possession of the property to the landlord.

New York law does not impose statewide rules on handling belongings left behind after eviction. Once law enforcement completes the removal, the tenant’s property is effectively abandoned, and the landlord may dispose of it as they see fit. Still, taking photos or videos before clearing the unit will help avoid future legal disputes.

Applicable law: N.Y. Real Prop. Acts. Law § 749, N.Y. Real Prop. Acts. Law § 753

Tenant Defense Against Eviction in New York

An eviction can follow a tenant for years, appearing on background checks and making it harder to rent again, secure loans, or find steady work. The stress of losing a home is real, but tenants still have rights and the power to defend themselves.

Tenants can reduce the risk of eviction by maintaining open communication with landlords, addressing maintenance issues in writing, and seeking mediation early. Paying partial rent, entering payment plans, or correcting lease violations can sometimes stop an eviction before it gains traction.

If the process feels overwhelming, tenants should contact free or low-cost legal services. In New York, groups like the Legal Aid Society NYC and LawHelpNY.org provide support, advice, and representation to renters facing eviction.

Timelines to Expect

In New York, an eviction can be completed in 1 to 5 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.

Below are the parts of the New York eviction process outside the control of landlords for cases that go uncontested.

Flowchart of New York Eviction Process

Typical Court Fees

The cost of an eviction in New York for all filing, court, and service fees vary on the court the landlord files in. For claims filed in District Court the average cost of an eviction is $150. For claims filed in Town Court, Village or Justice Court the average cost of an eviction is $125.

Handle the New York Eviction Process Confidently

Eviction can be a draining and detail-heavy process for both landlords and tenants. Reliable property management software will help organize notices, track payment history, and store important legal documents, all in one secure place.

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