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 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In New York, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Summary Proceeding”) with the court the following business day.
Landlords must file in the appropriate court depending on where the dwelling unit is located. For example:
- If the property is located in a village or town, the lawsuit can be filed in Village Court, if there is no Village court the lawsuit can be filed in Town Court.
- If the property is in Suffolk County in the towns of Islip, Babylon, Huntington, Brookhaven or Smithtown, the lawsuit can be filed in the District Court.
- If the property is located in East Hampton, Southampton, Riverhead, Southold or Shelter Island the landlord can bring the lawsuit to Justice Court.
- Properties located in Nassau County can file in District Court, unless the property is located in Glen Cove or Long Beach then a landlord can begin the lawsuit in City Court or District Court.
The filing fee for an initial Summary Proceeding in District Court and City Court is $45. If the claim is filed in Town Court or Village Court, the filing fee is $20. For claims filed in Justice Court, the filing fee is $20. [ttip number=’1′ icon=’popover-balance’]
2. Notice of Petition Service Fee
Once a Petition is filed in New York, the court will issue a Notice of Petition. The Notice of Petition is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Notice of Petition to the tenant.
The Notice of Petition service fee varies by process server. For example, a sheriff can charge $15, plus mileage; [ttip number=’2′ icon=’popover-balance’] however, a private process server may charge more.
3. Warrant of Eviction Service Fee
In New York, if the court rules in favor of the landlord, the court shall issue a Warrant of Eviction. The warrant is the tenant’s final notice to vacate the premises.
A New York sheriff must serve the Warrant of Eviction to the tenant. They may charge a service fee of $15, plus mileage. [ttip number=’3′ icon=’popover-balance’] Once the tenant is served, they have 14 calendar days to vacate the premises.
4. Warrant of Eviction Execution Fee
In New York, if a tenant remains at the premises after the warrant expires, a sheriff, constable or marshal can execute the warrant by removing the tenant from the premises.
An enforcement fee of $75 plus mileage can be charged.[ttip number=’4′ icon=’popover-balance’] Once the officer executes the warrant the landlord will legally gain possession of the property.
5. Notice of Appeal Filing Fee
If either party chooses to file an Appeal, they may do so as long as the Notice of Appeal is filed.
If an Appeal is filed in District Court or City Court, the Appeal fee is $30. For Appeals filed in Town Court or Village Court, the filing fee is $5. If an Appeal is filed in Justice Court, the filing fee is $5. [ttip number=’5′ icon=’popover-balance’]
Sources
- 1 N.Y. Uniform Just. Ct. Act § 1911 (2021)
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For issuing a notice of petition, or an order to show cause in lieu thereof, in a summary proceeding to recover possession of real property, twenty dollars.
- 2 NY CPLR § 8011 (2022)
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(ii) For serving the notice of petition on a tenant or other person in possession, fifteen dollars, in advance.
- 3 NY CPLR § 8011 (2022)
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(i) For requisitioning, receiving, entering in the appropriate books, and for the return of a warrant of eviction or any other mandate, fifteen dollars, in advance.
(ii) For service of notice of eviction on a person or persons to be served, fifteen dollars for each person to be served, in advance.
(iii) Mileage of services covered in subparagraph (ii) of this paragraph, in advance, except where two or more notices of eviction are to be served at the same time, within the same site or location, there shall be only one mileage fee.
- 4 NY CPLR § 8011 (2021)
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(iv) For executing a warrant of eviction or any mandate requiring him
or her to put a person in possession of real property and removing
person or persons in possession, seventy-five dollars, in advance.(v) Mileage for services covered in subparagraph (iv) of this
paragraph, in advance. - 5 N.Y. Uniform Just. Ct. Act § 1911
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On filing notice of appeal, five dollars.