General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- Before filing for unpaid rent, the landlord must serve a written rent demand giving the tenant at least 14 days to pay or move out.
- A landlord who will not renew must give 30, 60 or 90 days of written notice depending on how long the tenant has lived there, and in places covered by the Good Cause Eviction Law the landlord also needs a lawful reason not to renew.
- Evictions are summary proceedings, heard in the housing part of the Civil Court in New York City and in district, city, town or village courts elsewhere.
- In a nonpayment case, the tenant has 10 days from service of the notice of petition to answer.
- After a warrant of eviction issues, a marshal or sheriff must give at least 14 days of written notice before carrying it out, on a business day during daylight hours.
New York evictions run as summary proceedings in local courts, with a separate housing court in New York City. The Housing Stability and Tenant Protection Act of 2019 lengthened notice periods and added steps at almost every stage, and the 2024 Good Cause Eviction Law limits evictions further in covered places.
New York eviction process at a glance
| Rule | New York | Law |
|---|---|---|
| Notice for unpaid rent | Before filing for unpaid rent, the landlord must serve a written rent demand giving the tenant at least 14 days to pay or move out. | Real Property Actions and Proceedings Law section 711(2) |
| Notice for a lease violation | For a lease violation, the landlord usually serves a notice to cure for the period the lease or rent regulation requires, often 10 days, then a termination notice before filing. | Lease terms and Real Property Actions and Proceedings Law (holdover proceedings) |
| Ending a tenancy without cause | A landlord who will not renew must give 30, 60 or 90 days of written notice depending on how long the tenant has lived there, and in places covered by the Good Cause Eviction Law the landlord also needs a lawful reason not to renew. | Real Property Law section 226-c and Article 6-A (Good Cause Eviction Law) |
| Where the case is filed | Evictions are summary proceedings, heard in the housing part of the Civil Court in New York City and in district, city, town or village courts elsewhere. | Real Property Actions and Proceedings Law Article 7 |
| Tenant response time | In a nonpayment case, the tenant has 10 days from service of the notice of petition to answer. | Real Property Actions and Proceedings Law section 732 |
| Removal after judgment | After a warrant of eviction issues, a marshal or sheriff must give at least 14 days of written notice before carrying it out, on a business day during daylight hours. | Real Property Actions and Proceedings Law section 749 |
| Typical overall timeline | An uncontested case often takes two to four months from the rent demand to removal, and contested cases, especially in New York City, can take much longer. | Court practice (estimate) |
Notices before an eviction in New York
The notice is the foundation of the whole case. It has to fit the reason for ending the tenancy, give the full period the law requires and be delivered in a way the court will accept.
Notice for unpaid rent. Before filing for unpaid rent, the landlord must serve a written rent demand giving the tenant at least 14 days to pay or move out. (Real Property Actions and Proceedings Law section 711(2))
Notice for a lease violation. For a lease violation, the landlord usually serves a notice to cure for the period the lease or rent regulation requires, often 10 days, then a termination notice before filing. (Lease terms and Real Property Actions and Proceedings Law (holdover proceedings))
Ending a tenancy without cause. A landlord who will not renew must give 30, 60 or 90 days of written notice depending on how long the tenant has lived there, and in places covered by the Good Cause Eviction Law the landlord also needs a lawful reason not to renew. (Real Property Law section 226-c and Article 6-A (Good Cause Eviction Law))
Filing the case
If the notice period runs out and the tenant has neither fixed the problem nor moved out, the next step is a court filing. Bring the lease, the notice, proof of how it was delivered and a ledger of what is owed.
Where the case is filed. Evictions are summary proceedings, heard in the housing part of the Civil Court in New York City and in district, city, town or village courts elsewhere. (Real Property Actions and Proceedings Law Article 7)
Filing costs. Generally, court index and service fees vary by court, plus the marshal's or sheriff's fee for carrying out a warrant. (Court fee schedules)
The response and the hearing
Courts look closely at the paperwork. Expect to show the notice, the proof of service and the rent ledger, and to answer any defense the tenant raises.
Tenant response time. In a nonpayment case, the tenant has 10 days from service of the notice of petition to answer. (Real Property Actions and Proceedings Law section 732)
Judgment and getting possession back
Removal after judgment. After a warrant of eviction issues, a marshal or sheriff must give at least 14 days of written notice before carrying it out, on a business day during daylight hours. (Real Property Actions and Proceedings Law section 749)
What a landlord must not do
Until a court orders otherwise, the tenant keeps the right to live in the home, even after the notice runs out.
Self-help eviction. Removing a tenant without a court order, including by changing locks or cutting essential services, is an unlawful eviction that carries civil penalties and is a misdemeanor. (Real Property Actions and Proceedings Law section 768)
Recent changes to know about
Recent changes. The Housing Stability and Tenant Protection Act, signed June 14, 2019, capped deposits at one month of rent, lengthened eviction notices and added the duty to re-rent. (Housing Stability and Tenant Protection Act of 2019)
Recent changes. The Good Cause Eviction Law, effective April 20, 2024, requires a lawful reason to evict or not renew in New York City and localities that opt in, with exemptions such as small owner-occupied buildings. (Real Property Law Article 6-A (2024))
Timeline at a glance
| Step | Typical time | Rule |
|---|---|---|
| Notice period for unpaid rent | 14 days | Real Property Actions and Proceedings Law section 711(2) |
| Notice period for a lease violation | Varies | Lease terms and Real Property Actions and Proceedings Law (holdover proceedings) |
| Tenant response after the case is served | 10 days | Real Property Actions and Proceedings Law section 732 |
| From judgment to removal | 14 days | Real Property Actions and Proceedings Law section 749 |
| Whole case, uncontested | A few weeks | Court practice (estimate) |
Real cases often take longer: holidays, a contested hearing or an appeal can add weeks.
Mistakes to avoid
- Demanding more than the rent actually owed in a notice for unpaid rent, for example by adding late fees or utilities.
- Counting the notice period wrong and filing a day too early.
- Taking partial rent after serving a notice without knowing how it affects the case.
- Keeping no proof of service. Write down who delivered the notice, how and when, and keep a copy.
- Trying to speed things up with a lockout, a utility shutoff or by moving belongings out.
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General information, not legal advice.
Verify current law
We last checked these New York rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a New York attorney about your situation.
Laws named on this page
- Real Property Actions and Proceedings Law section 711(2)
- Lease terms and Real Property Actions and Proceedings Law (holdover proceedings)
- Real Property Law section 226-c and Article 6-A (Good Cause Eviction Law)
- Real Property Actions and Proceedings Law Article 7
- Real Property Actions and Proceedings Law section 732
- Real Property Actions and Proceedings Law section 749
- Real Property Actions and Proceedings Law section 768
- Housing Stability and Tenant Protection Act of 2019
- Real Property Law Article 6-A (2024)
Official sources
New York forms for this topic
Letters and checklists for this topic
Before you act on it. Check the statute too; this is not legal advice.
How much notice does a New York landlord give for unpaid rent?
Before filing for unpaid rent, the landlord must serve a written rent demand giving the tenant at least 14 days to pay or move out. Source: Real Property Actions and Proceedings Law section 711(2).
How long does a tenant in New York have to respond to an eviction case?
In a nonpayment case, the tenant has 10 days from service of the notice of petition to answer. Source: Real Property Actions and Proceedings Law section 732.
Can a New York landlord change the locks instead of going to court?
Removing a tenant without a court order, including by changing locks or cutting essential services, is an unlawful eviction that carries civil penalties and is a misdemeanor. Source: Real Property Actions and Proceedings Law section 768.
How long does an eviction take in New York?
An uncontested case often takes two to four months from the rent demand to removal, and contested cases, especially in New York City, can take much longer. Source: Court practice (estimate).
Which court hears eviction cases in New York?
Evictions are summary proceedings, heard in the housing part of the Civil Court in New York City and in district, city, town or village courts elsewhere. Source: Real Property Actions and Proceedings Law Article 7.