New York Eviction Process

New York Eviction Process

Last Updated: June 21, 2024 by Roberto Valenzuela

Evicting a tenant in New York can take around 1 to 5 months depending on the reason for the eviction. If tenants request an adjournment, the process can take longer.

Grounds for an Eviction in New York

In New York, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:

  • Not paying rent on time
  • Staying after the lease ends
  • Violating lease terms
  • Committing illegal activity

Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.

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

In New York, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 14 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.

Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in New Hampshire within 5 days due date. New Hampshire landlords are required to give tenants a rent payment grace period.

example

If rent is due on January 1st, it will be considered late starting on January 6th, unless the lease specifically states there is a grace period.

Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.

End of Lease or No Lease

In New York, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, they must first terminate the tenancy by giving a proper 30-days’ notice to move out.

Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.

Lease Violations

In New York, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under New York landlord-tenant law.  To do so, the landlord must give 10 days’ notice to fix the issue or move out.

If the issue is not fixed within the 10-day notice period, the landlord must give a 30 days’ notice to vacate the premises without a chance to fix the issue.

Examples of lease violations include:

  • Having an unauthorized pet or guest
  • Parking in an unauthorized area
  • Not maintaining a certain level of cleanliness

Illegal Activity

In New York, a landlord can evict a tenant for an illegal activity. No prior notice is required, and the landlord can file an eviction lawsuit immediately.

In New York, illegal activity includes:

  • Prostitution
  • Used rental unit as a bawdy house
  • Illegal trade or manufacture of an illegal business

Tenants are not given the option to fix the issue and must vacate.

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 unless the eviction is for nonpayment of rent, in which case the tenant will only have 10 days to move out.

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. The stay can be no longer than one year.
  • To Cure a Breach. If the eviction was for violation of the lease; the stay can be no longer than 30 days. If, at the end of the 30-day stay, the breach has been corrected, the tenant may remain in the rental unit and will not be evicted.

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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Sources