To evict a tenant in New York, a landlord must serve the correct written notice, file a summary proceeding in the appropriate court, obtain a judgment of possession and a warrant of eviction, and let a marshal or sheriff carry out the physical removal. There is no lawful shortcut. Changing the locks, cutting off heat or water, or moving a tenant’s belongings out without a court-issued warrant is an illegal self-help eviction that can bring a Class A misdemeanor charge and civil penalties of up to $10,000 per violation.1New York State Attorney General. Unlawful Evictions (RPAPL Section 768)
Grounds That Support an Eviction
New York law recognizes a limited set of reasons for removing a tenant.2New York State Senate. New York Real Property Actions and Proceedings Law 711 – Grounds for Removal of Tenants Three cover the great majority of cases:
- Non-payment of rent. The tenant owes rent and has not paid after receiving a written demand. This is the most common filing.
- Lease violation. The tenant has broken a substantial term of the lease — unauthorized pets, serious property damage, a persistent nuisance to neighbors.
- Holdover. The tenant stays after the lease expires without the landlord’s permission. Accepting rent after expiration complicates this significantly; a court may treat the tenancy as renewed.
Personal preference is not a ground. The reason has to fit one of the recognized categories and hold up as provable in court.
Serving the Right Notice First
Nothing gets filed in court until the tenant has received a proper written notice, and the type of notice depends on the reason. Getting the details wrong is one of the fastest ways to lose the case.
14-Day Rent Demand for Non-Payment
For unpaid rent, serve a written demand giving the tenant at least 14 days to pay in full or move out. The demand has to itemize the months owed and the dollar amount for each, name the landlord and every occupant, and describe the property with address, apartment number, and floor.3NY Courts. Written Demand for Past Due Rent with Good Cause Eviction Law Notice A vague “you owe back rent” is not enough. Mobile home park tenants get 30 days rather than 14.4New York State Unified Court System. Tenant’s Guide – Nonpayment Eviction Case
Notice to Cure and Notice of Termination for Lease Violations
When the problem is a lease breach rather than money, the process runs in two steps. First, a Notice to Cure identifies the specific violation and gives the tenant 10 days to fix it. If the tenant doesn’t, a Notice of Termination follows, giving at least 30 days to vacate.3NY Courts. Written Demand for Past Due Rent with Good Cause Eviction Law Notice
Termination Notice for Holdovers
For a tenant staying past the lease term, the length of required notice tracks how long they have been in the unit:5New York State Senate. New York Real Property Law 226-C – Notification to Tenant of Termination
- Less than one year: at least 30 days.
- One to two years: at least 60 days.
- Two years or more: at least 90 days.
The period is based on the longer of cumulative occupancy or the lease term. A tenant eight months into a two-year lease still gets 60 days because the lease term controls.
How Notices Have to Be Delivered
Service is strict. The lawful methods are hand delivery to the tenant, substituted service on another adult at the apartment followed by a mailed copy, or — only after two genuine attempts at personal or substituted delivery at different times — posting the notice on the door and mailing copies by both regular and certified mail.6NYCOURTS.GOV. Service of the Notice of Petition and Petition to Start a Nonpayment or Holdover Proceeding Judges scrutinize service closely, and a single misstep can end the case.
Filing the Summary Proceeding
Once the notice period runs and the tenant hasn’t complied, the landlord files an eviction lawsuit, known in New York as a summary proceeding. Two documents are required: a Petition setting out the facts and legal basis, and a Notice of Petition telling the tenant when and where to appear.7New York State Senate. New York CPLR 403 – Notice of Petition Service Order to Show Cause
The filing goes to the appropriate court — NYC Housing Court in the five boroughs, or a City Court or District Court elsewhere in the state. The standard filing fee for most eviction cases is $45.8NYCOURTS.GOV. Filing Fees – NY State Courts After filing, the papers must be served on the tenant no fewer than 10 and no more than 17 days before the court date.9New York State Unified Court System. Landlord’s Guide to Nonpayment Eviction Proceedings – For Courts Outside New York City
What Happens in Court
Once served, the tenant must file an Answer admitting or denying the claims and raising any defenses. If the tenant fails to answer in time, the landlord can request a default judgment, which typically produces a warrant of eviction without a hearing.10NYCOURTS.GOV. Judgments in Nonpayment Cases – NY Housing If the tenant answers but doesn’t appear on the court date, the judge can enter a default after the case is called, usually with a five-day stay before the warrant issues.
When both sides show up, most cases settle through a stipulation of settlement. This is a judge-approved, binding agreement that might include a payment plan for back rent, a firm move-out date, or conditions the tenant must meet to stay. Stipulations resolve the majority of eviction cases.
Cases that don’t settle go to trial. Both sides present evidence and testimony, and the judge decides. A landlord who wins receives a Judgment of Possession and a Warrant of Eviction.4New York State Unified Court System. Tenant’s Guide – Nonpayment Eviction Case A tenant who wins stays, and the case is dismissed.
Defenses to Expect
Several tenant defenses come up often enough that landlords should know about them before filing.
Under the warranty of habitability, every residential rental must be fit for human habitation.11New York State Senate. New York Real Property Law 235-B – Warranty of Habitability A tenant in a non-payment case can argue that serious conditions like no heat, persistent mold, or major plumbing failures should reduce the rent owed. Courts can calculate an abatement without expert testimony, and it can offset a real portion of the arrears.
Retaliation is another common defense. If a tenant made a good-faith complaint about housing conditions to the landlord or a government agency, any eviction started within one year is presumed retaliatory, and the burden shifts to the landlord to prove otherwise.12New York State Senate. New York Real Property Law 223-B – Retaliation by Landlord Against Tenant The same protection covers tenants who join a tenants’ organization or exercise a right under the lease.
Improper service or a defective notice ends more cases than landlords expect. Wrong method, wrong timing, missing information in the demand — any of these can support a motion to dismiss. And if the unit itself violates the building’s certificate of occupancy (a converted basement not approved for residential use, for example), the landlord cannot collect rent on it and a non-payment case falls apart until the certificate is fixed.13New York State Unified Court System. Landlord Tenant Answer In Person Fact Sheet 12 – Illegal Apartment
Good Cause Eviction: Where It Applies
New York’s Good Cause Eviction law, effective April 20, 2024, adds protections in certain unregulated apartments.14Office of the New York State Attorney General. New York State Good Cause Eviction Law Where it applies, a landlord cannot end a tenancy or refuse to renew a lease without a legally recognized good cause reason, and tenants can challenge rent increases above a local standard capped at the lower of 10 percent or 5 percent plus the Consumer Price Index.15Homes and Community Renewal. Good Cause Eviction
The law applies automatically in New York City. Other municipalities can opt in, and several have — including Albany, Ithaca, Kingston, Poughkeepsie, Rochester, Beacon, and Newburgh.14Office of the New York State Attorney General. New York State Good Cause Eviction Law Key exemptions include owner-occupied buildings with 10 or fewer residential units and small landlords who own 10 or fewer housing units statewide. Holding units through an LLC does not sidestep the law: if any person with an ownership interest controls more than 10 units, the exemption is lost. In covered areas, the 14-day rent demand must include a notice stating whether the unit is covered.3NY Courts. Written Demand for Past Due Rent with Good Cause Eviction Law Notice
Executing the Warrant
A Warrant of Eviction authorizes the removal, but it is executed by a law enforcement officer, never the landlord. In New York City, City Marshals and deputy sheriffs handle evictions. Outside the city, the county sheriff or a constable does the work.16NYC.gov. Marshals Evictions Frequently Asked Questions
Before the removal, the marshal or sheriff must serve the tenant with a Notice of Eviction giving at least 14 days’ warning. If the eviction isn’t carried out within 30 days of the earliest date it could have happened, that notice expires and a new one must be mailed. To engage the NYC Sheriff’s Office, the landlord provides the original judge-signed warrant plus three copies, a completed intake form, and a $140 fee by check or money order.17NYC Department of Finance. Evictions – NYC.gov City Marshals set their own fees.
Realistic Timeline and Costs
No two eviction cases run on the same schedule, because notice periods, court calendars, and possible delays all vary. A minimum non-payment timeline looks roughly like this:
- 14-day rent demand: at least 14 days before filing.
- Filing and service of court papers: served 10 to 17 days before the court date.9New York State Unified Court System. Landlord’s Guide to Nonpayment Eviction Proceedings – For Courts Outside New York City
- Court appearances, settlement, or trial: weeks to months, depending on backlog.
- Marshal’s 14-day notice of eviction: at least 14 more days after the warrant issues.16NYC.gov. Marshals Evictions Frequently Asked Questions
In the best case, two to three months from first notice to physical removal is realistic for an uncontested non-payment. Contested cases, holdovers requiring 60- or 90-day notices, and cases where the court grants a hardship stay under RPAPL 753 (which can run up to a year, conditioned on the tenant continuing to pay rent set by the court) can stretch to six months or well beyond.18New York State Senate. New York Real Property Actions and Proceedings Law 753 – Stay in Premises Occupied for Dwelling Purposes
On cost, the standard court filing fee is $45.8NYCOURTS.GOV. Filing Fees – NY State Courts The NYC Sheriff charges $140 to execute a warrant.17NYC Department of Finance. Evictions – NYC.gov Process servers, attorney’s fees, and the cost of a bonded moving company for a full physical eviction add up quickly. Given how technical the process is, an attorney is strongly advisable, and legal fees are usually the largest single expense.
Penalties for Skipping the Process
New York treats self-help eviction as both a crime and a civil violation. A landlord who locks a tenant out, shuts off essential services, or removes belongings without a warrant faces a Class A misdemeanor, which can carry up to one year in jail.19New York State Senate. New York Real Property Actions and Proceedings Law 768 – Unlawful Eviction Each violation also carries a civil penalty of $1,000 to $10,000. If the landlord fails to restore the tenant after an unlawful lockout, an additional penalty of up to $100 per day runs until the tenant is let back in, capped at six months.20NYCOURTS.GOV. Illegal Eviction Law A tenant who has been locked out can call 911 and can also go to Housing Court on an Order to Show Cause to be restored to the apartment.21Mayor’s Office to Protect Tenants. Unlawful Evictions or Lockouts However frustrating a non-paying or destructive tenant may be, the courts are the only route that doesn’t risk a criminal record and five-figure penalties.