NYS Eviction Laws: Notices, Defenses, and Warrants

New York eviction laws require a landlord to have a legally recognized reason to end a tenancy, serve the correct written notice, file a petition in housing court, and win a judgment before a sheriff or marshal can physically remove a tenant. Since April 2024, most market-rate tenancies also fall under the Good Cause Eviction Law, which limits the reasons a landlord can refuse to renew a lease or raise the rent sharply. A landlord who skips a step, uses the wrong notice period, or serves papers incorrectly usually loses the case and has to start over.

When a Landlord Can Evict

Two bodies of law govern the reasons for eviction. The Real Property Actions and Proceedings Law (RPAPL) sets out the traditional grounds, and Real Property Law Article 6A, the Good Cause Eviction Law, adds a further requirement for most unregulated units.¹

The traditional grounds are:

Nonpayment of rent, in which the landlord asks for both possession of the unit and a money judgment for the arrears.
Holdover, when a tenant stays past the end of a lease, remains after a tenancy has been properly terminated, or has committed a material lease violation such as unauthorized subletting. Paying rent does not cure a holdover.
Nuisance or illegal use, when a tenant’s conduct threatens the safety or comfort of other residents or the unit is used for activities like drug trafficking. Courts require specific documentation, not vague complaints.

The Good Cause Eviction Law took effect on April 20, 2024. For covered units, a landlord who wants to end a tenancy or raise rent above the local rent standard has to prove one of nine enumerated reasons, which include nonpayment of rent that is not the result of an unreasonable increase, a lease violation the tenant refused to cure after a written 10-day notice, nuisance behavior, illegal use of the apartment, repeated refusal to give the landlord reasonable access, the landlord’s genuine intent to occupy the unit personally or demolish it, withdrawal of the unit from the rental market, and refusal to sign a reasonable renewal lease.²

Good Cause also limits rent increases. An increase is presumed unreasonable if it exceeds 5% plus the annual change in the Consumer Price Index, with a hard cap of 10%. A tenant who refuses to pay an unreasonable increase cannot be evicted for nonpayment on that basis.² Tenants who are 65 or older or who have a disability cannot be evicted so the owner can move in.

Whatever the ground, a tenant can only be removed through a court proceeding. Self-help evictions — changing the locks, shutting off utilities, or removing belongings — are illegal in every circumstance.

Which Units Good Cause Covers

Good Cause protections apply only to unregulated residential units in municipalities that have not opted out. The law does not cover units that are already rent-stabilized or rent-controlled, income-restricted affordable housing, condos and co-ops, buildings that received a certificate of occupancy on or after January 1, 2009, seasonal dwellings, dormitories, or housing provided by religious institutions. Units renting above 245% of the local Fair Market Rent are excluded, and there is a “small landlord” exemption that in New York City applies to owners of 10 or fewer residential units statewide. Other localities set the threshold differently.³²

Every eviction petition filed in New York must state whether the unit is covered by Good Cause. If the landlord claims an exemption, the petition must explain why.⁴

The Written Notice That Has to Come First

Before a landlord files anything in court, the correct written notice has to be served and its period allowed to expire. The type and length depend on the case.

Nonpayment: A 14-Day Rent Demand

For nonpayment, RPAPL § 711(2) requires a written demand giving the tenant 14 days to pay the rent or move out. The demand has to state the exact amount owed and be served the same way court papers would be served. A defective demand or the wrong service method leads to dismissal.¹ The Housing Stability and Tenant Protection Act of 2019 formalized the written-demand requirement, which used to be allowed orally in some situations.⁵

Non-Renewal or Rent Increases of 5% or More

Real Property Law § 226-c requires advance written notice on a sliding scale when the landlord will not renew or plans to raise the rent by 5% or more:

Less than one year of occupancy and no lease of at least one year: 30 days’ notice.
One to two years of occupancy, or a lease term of one to two years: 60 days’ notice.
Two or more years of occupancy, or a lease term of at least two years: 90 days’ notice.

The period is based on cumulative occupancy or the lease term, whichever is longer. A tenant who just signed a two-year lease is entitled to the 90-day notice from day one.⁶

If a landlord accepts rent after the notice period expires but before filing, a court may find that a new month-to-month tenancy has been created, resetting the clock.

Filing and Serving the Petition

Once the notice period has run, the landlord files a Notice of Petition and a Petition. Forms are on the state court system’s website.⁷

Under RPAPL § 741, the petition has to describe the landlord’s interest in the property, the tenant’s relationship to it, the premises including the apartment number, and the facts supporting the eviction. In a nonpayment case it must list the exact months and amounts of unpaid rent. It must also state whether the unit is subject to Good Cause and, if not, why not. The landlord or attorney signs a verification affirming everything is true. Wrong names or a wrong rent figure can get the case dismissed.⁴

Filing fees vary. In New York City Housing Court, the fee for issuing a notice of petition is $45. Tenants who cannot afford filing fees can ask a judge to waive them.⁸⁹

After filing, the papers must be served under RPAPL § 735. The server, who cannot be a party to the case, can hand the papers directly to the tenant, leave them with a person of suitable age and discretion at the residence, or affix them to a conspicuous part of the property if no one answers. In the last two situations, copies must also be mailed by both certified and regular first-class mail within one day. The hearing date must fall between 10 and 17 days after service is completed, and proof of service has to be filed with the clerk within three days. Missing that three-day window can stop the court from proceeding on the scheduled date.¹⁰

Defenses a Tenant Can Raise

New York gives tenants several defenses that can defeat or reduce an eviction claim.

Warranty of Habitability

Every residential lease carries an implied warranty of habitability under RPL § 235-b. In a nonpayment case, a tenant who can show that conditions in the apartment threaten health or safety and that the landlord knew about them may be entitled to a rent abatement for each month the conditions existed. The tenant usually still owes something, but the reduction can put paying off the arrears within reach.

Retaliatory Eviction

RPL § 223-b prohibits evictions filed in retaliation for good-faith complaints about housing conditions, exercising rights under the lease, or joining a tenants’ organization. If the eviction is filed within one year of a protected action, the court presumes retaliation, and the landlord has to prove a legitimate reason. A tenant who wins on this ground can recover damages and attorney’s fees.¹¹

Procedural Defects

Courts treat the procedural requirements as prerequisites. A tenant can move to dismiss if the landlord failed to serve a proper 14-day rent demand, used the wrong service method, served notice too early or too late, named the wrong parties, or failed to comply with Good Cause disclosure requirements.

Settlements Before Trial

Most eviction cases in New York settle through a stipulation of settlement, a binding agreement approved by the judge. In nonpayment cases it usually sets a schedule to pay the arrears; in holdover cases it may fix a move-out date that gives the tenant more time than a judgment would. Before approving the agreement, the judge conducts an allocution confirming each side understands the terms. If either side breaks it later, the other can file an Order to Show Cause asking the court to enforce or modify it.¹²

The Warrant of Eviction and Pay-and-Stay

If the landlord wins at trial or the tenant breaches a stipulation, the court issues a judgment of possession and a Warrant of Eviction. Under RPAPL § 749, only a law enforcement officer — a sheriff, marshal, or constable — can carry out the physical removal. Before executing the warrant, the officer must give the tenant at least 14 days’ written notice. The eviction can happen only on a business day between sunrise and sunset. The court can stay or vacate the warrant for good cause at any point before it is carried out.¹³

In nonpayment cases the tenant has one last chance. The court must vacate the warrant if the tenant pays all rent due before the officer physically executes it, unless the landlord proves the tenant withheld rent in bad faith. This right runs right up to the moment the marshal or sheriff arrives.¹³

Illegal Lockouts

RPAPL § 768 makes it a crime for anyone to lock out, harass, or use force to remove an occupant from a dwelling without a court order. Each violation is a Class A misdemeanor punishable by up to one year in jail. Civil fines run from $1,000 to $10,000 per violation, with an additional penalty of up to $100 per day for up to six months if the landlord fails to restore the tenant after being asked. The law also requires the landlord to take all reasonable steps to put the tenant back into a suitable unit in the building after an illegal lockout. A tenant who is locked out can call the police and seek emergency relief in court the same day.¹⁴

Special Situations

Active-Duty Servicemembers

The federal Servicemembers Civil Relief Act adds protection for active-duty tenants. For units renting at $10,239.63 per month or less in 2026 and used as the servicemember’s primary residence, a court can stay an eviction for at least 90 days if the servicemember shows that military duties materially affect their ability to appear. The court can grant further stays and adjust the financial terms, including garnishing a portion of military pay to be fair to the landlord.¹⁵

Tenant Bankruptcy

Filing bankruptcy triggers an automatic stay under 11 U.S.C. § 362 that pauses most legal proceedings, but the stay does not automatically apply if the landlord already has a judgment of possession. A tenant in that situation can pause the eviction for 30 days by filing Official Form 101A and depositing rent for those 30 days with the bankruptcy clerk. Keeping the stay in place beyond 30 days requires paying the full past-due rent and filing a further certification (Form 101B). If the tenant flags a possession judgment on the petition but fails to file the certifications, the landlord can proceed with the eviction immediately.¹⁶

Right to Counsel

Tenants facing eviction in New York City Housing Court or NYCHA administrative proceedings have access to free legal representation through the Right to Counsel program, regardless of immigration status.¹⁷ Outside the city there is no guaranteed right to a free attorney in eviction cases, though legal aid organizations operate across the state. A tenant who cannot afford a lawyer should contact a local legal aid office as early as possible; the court date leaves very little time to prepare.

1
New York State Senate. New York Real Property Actions and Proceedings Code 711 – Grounds Where Landlord-Tenant Relationship Exists
2
New York State Attorney General. New York State Good Cause Eviction Law
3
NYC.gov. Good Cause Eviction
4
New York State Senate. New York Real Property Actions and Proceedings Code 741 – Petition
5
New York State Senate. New Rights for Tenants – Housing Stability and Tenant Protection Act of 2019
6
New York State Senate. New York Code RPP 226-C – Notice of Rent Increase or Non-Renewal of Residential Tenancy
7
New York Courts. Landlord and Tenant Forms
8
New York Courts. New York State Filing Fees
9
New York State Unified Court System. Court Fees in the New York City Housing Court
10
New York State Senate. New York Real Property Actions and Proceedings Code 735 – Manner of Service
11
New York State Senate. New York Real Property Law 223-B – Retaliation by Landlord Against Tenant
12
New York Courts. NYC Housing Court Stipulations and Settlements
13
New York State Senate. New York Real Property Actions and Proceedings Code 749 – Warrant
14
New York State Senate. New York Real Property Actions and Proceedings Law 768 – Unlawful Eviction
15
United States Courts. Servicemembers Civil Relief Act
16
United States Courts. Initial Statement About an Eviction Judgment Against You
17
NYC.gov. Right to Counsel