New York Eviction Process

New York Eviction Process

Last Updated: February 13, 2025 by Roberto Valenzuela

The New York eviction process has strict legal requirements that landlords must meet to remove a tenant. To avoid delays or dismissal, landlords must serve the proper notice, obtain a court order, and coordinate with a sheriff or marshal.

In this article, we outline the legal grounds for eviction, the step-by-step process, and the typical timeline so landlords can protect their property and stay compliant.

Grounds for Eviction in New York

Landlords in New York can only begin the eviction process for legally valid reasons. State law limits when and how a tenancy can terminate, especially under the Housing Stability and Tenant Protection Act of 2019 (HSTPA) and the Good Cause Eviction Law (2024) (N.Y. Real Prop. Law § 231-C).

warning

New York has a good-cause eviction law which limits eviction options and in particular restricts lease non-renewal to a specific set of reasons in cities which opt into the law. ALL landlords must also present a long and specific notice about the law’s applicability, when executing a lease, renewing a lease, or serving a termination notice. Check local laws carefully.

Grounds Notice Period Curable?
Nonpayment of Rent 14 Days Yes
End of Lease or No Lease 30 Days No
Lease Violation 10/30 Days Yes
Illegal Activity None No

Nonpayment of Rent

When tenants fail to pay rent on time, landlords must serve a 14-day Notice to Pay or Quit (N.Y. Real Prop. Acts. Law § 711(2)). If the tenant does not pay in full within 14 days, the landlord may file an eviction case in housing court.

Lease Violations

Tenants who break the lease can also face eviction.

  • Curable violations: Landlords first issue a 10-day Notice to Cure, giving tenants the chance to correct the violation (N.Y. Real Prop. Law § 216(1)(b)).
  • Non-curable or unresolved violations: If the tenant fails to rectify the issue, the landlord will issue a Notice of Termination, typically requiring the tenant to vacate within 30 days.

Nuisance or Illegal Activity

Landlords may evict tenants who cause ongoing disturbances, create unsafe conditions, or engage in illegal activity (N.Y. Real Prop. Law § 231)(N.Y. Real Prop. Acts. Law § 711(2)). In these cases, landlords can serve a Notice of Termination without offering an opportunity to cure.

Holdover Tenants

When tenants remain after a lease ends, landlords must follow the notice requirements outlined in the Housing Stability and Tenant Protection Act of 2019 (HSTPA). The required notice period depends on the length of the tenancy (N.Y. Real Prop. Law § 226-C(2)):

  • 30 days if the tenant lives in the unit for less than 1 year.
  • 60 days if the tenant is living there for 1–2 years.
  • 90 days if the tenant is living there for more than 2 years or has a lease of at least 2 years.

No-Fault Evictions (Good Cause Law)

The 2024 Good Cause Eviction Law prevents landlords from removing many tenants without a valid reason. However, landlords may still end a tenancy for no-fault reasons, such as:

  • Owner or family move-in.
  • Withdrawal of the unit from the rental market.
  • Substantial renovations requiring vacancy.

Illegal Evictions in New York

In New York, there are a few different types of evictions that are illegal. If a landlord is found liable, they could be required to pay the tenant a civil penalty not less than $1,000 and not more than $10,000 per violation.

“Self-Help” Evictions

If a tenant has lived in the dwelling unit for 30 consecutive days (with or without a lease), a landlord is not allowed to forcibly remove a tenant by:

  • Changing the locks
  • Padlocking the doors
  • Shutting off utilities
  • Removing tenant belongings
  • Removing the door to the dwelling unit

Retaliatory Evictions

It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:

  • Complaining about health and safety issues to the landlord or any authority tasked to enforce the law
  • Pursuing a legal right under the lease agreement, including a legal right to remedy or repair habitability issues
  • Joining a tenant’s union or organization

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Eviction notice posted on iPropertyManagement.com

In New York, all evictions follow the same process:

  1. Landlord serves tenant written notice of violations
  2. Landlord files complaint with court for unresolved violations
  3. Court holds hearing and issues judgment
  4. Warrant of Eviction is posted
  5. Possession of property is returned to landlord

Step 1: Landlord Serves Notice To Tenant

A landlord can begin the eviction process in New York by serving the tenant with written notice. New York landlords may deliver an initial eviction notice by any method which results in actual notification of the tenant. The following methods, which come from formal service of court process in the state, are the legal gold standard: 

  1. Hand delivery to the tenant
  2. Hand delivery to a person of suitable age and discretion on the property who accepts the notice on behalf of the tenant, PLUS mailing the notice by BOTH registered or certified mail AND first class mail
  3. Only if all forms of hand delivery fail: Posting the notice on the premises or under the property’s entrance door, PLUS mailing the notice by BOTH registered or certified mail AND first class mail

Mailed notice must be mailed within one (1) day of the other form of delivery, and extends a notice period by (3) calendar days, to account for variable delivery times.

tip

Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.

14-Day Notice To Pay Rent or Quit

If a tenant is late on paying rent (full or partial) in New York, the landlord can serve them a 14-Day Notice To Pay or Quit. This notice gives the tenant 14 days to pay the entire remaining balance or vacate the premises.

30-Day Notice To Quit (End of Lease or No Lease)

For a tenant with no lease or a tenancy less than one year in New York, the landlord must serve them a 30-Day Notice To Quit to end the tenancy. This eviction notice allows the tenant 30 days to move out.

For tenants that don’t pay monthly, the amount of notice differs:

Rent Payment Frequency Notice Amount
Tenancies Less Than 1-Year 30 Days
Tenancies More Than 1-Year, But Less Than 2 Years 60 Days
Tenancies More Than 2 Years 90 Days

10-Day Notice To Cure or Vacate

In New York, if a tenant commits a violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 10-Day Notice To Cure or Vacate. This eviction notice gives the tenant 10 days to fix the issue or move out.

30-Day Notice To Quit

In New York, if a tenant does not fix the lease violation after a 10-Day Notice To Cure or Vacate was provided, the landlord must serve them a second and final notice, 30-Day Notice To Quit. This eviction notice gives the tenant 30 days to move out without the chance to fix the issue.

Eviction Complaint Filed on iPropertyManagement.com

Step 2: Landlord Files Lawsuit with Court

As the next step in the eviction process, New York landlords must file a petition in the appropriate court. The eviction case shall be held in a court where the property is located.

The notice of petition and petition for eviction must be served on the tenant by anyone who is 18 years or older and is not part of the case within 10-17 days prior to the hearing.

The petition for eviction and notice of petition may be served in one of the following methods:

  1. Handing them directly to the tenant in person any day except for Sundays or the tenant’s religious observance days
  2. Leaving them with someone who lives or works at the rental unit AND copies are mailed, within one day, via first class mail and certified mail
  3. Posting the petition and notice in a conspicuous place OR under the “entrance door” of the rental unit AND copies are mailed, within one day, via first class and certified mail
note

The petition and notice of petition must be served on the tenant 10-17 days prior to the hearing date.

Eviction Court Hearing on iPropertyManagement.com

Step 3: Court Holds Hearing and Issues Judgment

The hearing date is set at the time the landlord files their petition for eviction with the court. The hearing must be held 10-17 days after the petition is served on the tenant. Either party can request a 14 day postponement.

For evictions related to nonpayment of rent, the tenant must respond to the petition within 10 days. A hearing will be set for 3-8 days after the response is received by the court. If there’s no response, the court may rule for the landlord. A tenant can pay rent in full any time prior to a hearing and the eviction will be stopped.

For all other eviction types, if a tenant wants to contest (fight) the hearing, they must bring any documentation to the hearing that’s already scheduled, which is when the tenant can present reasons for why they shouldn’t be evicted, or for why there shouldn’t be a hearing in the first place.

If the tenant fails to appear for the hearing, the judge may make a ruling on the eviction that day. If the judge rules in favor of the landlord, a warrant of eviction will be issued, and the eviction process will continue.

note

The hearing must be held 10-17 days after the petition is served on the tenant.

Eviction Writ of Execution on iPropertyManagement.com

Step 4: Warrant of Eviction Is Issued

The warrant of eviction is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before they are forcibly removed from the rental unit.

If the court has ruled in the landlord’s favor, the landlord will ask the court to issue a warrant. This can be done at the hearing.

note

The landlord must request the warrant of eviction, but it can be issued the same day as the hearing.

Eviction property possession returned on iPropertyManagement.com

Step 5: Possession of Property is Returned

Tenants have 14 days after receiving the warrant of eviction to move out before they are forcibly removed from the rental unit by a marshal, sheriff or constable.

If the tenant is being evicted for nonpayment of rent and pays the rent amount in full prior to the end of 14th day, the eviction process will be stopped, and the tenant will be allowed to remain in the rental unit.

There are a few circumstances in which the court may grant a stay of execution, and allow the tenant more time in the rental unit before having to move out:

  • Extreme Hardship: This could include things like “serious illness;’” changing the school a child is enrolled in; and other family hardships a move would cause (allowing a stay of up to one year)
  • To Cure a Breach: A stay of no longer than 30 days, which allows the tenant to fix (“cure”) the lease violation (breach) and avoid eviction

New York Eviction Process Timeline

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.

Step Estimated Time
Initial Notice Period 14-90 Calendar Days
Court Issuing/Serving Summons 10-17 Business Days
Tenant Response Period ~10 Business Days
Court Ruling 10-17 Business Days
Court Serving Warrant of Eviction 1-3 Business Days
Final Notice Period ~14 Days

Flowchart of New York Eviction Process

New York Eviction Process Flowchart on iPropertyManagement.com

New York Eviction 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.

Fee District/City Town/Village/ Justice
Initial Court Filing $45 $20
Notice of Petition Service $15+ $15+
Warrant of Eviction Service $15+ $15+
Warrant of Eviction Execution $75+ $75+
Notice of Appeal Filing (Optional) $30 $5

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