✓ Law Verified June 2026
Facing eviction in New York? This guide explains the new york eviction process step by step — the exact notice periods, the court timeline, your defenses, and what your landlord legally cannot do. All figures are from New York law, verified as of June 2026.
In This New York Guide:
New York Eviction Notice Periods
Before a landlord can file an eviction lawsuit in New York, they must serve you a written notice. The number of days depends on the reason:
| Reason for Eviction | Notice Period |
|---|---|
| Nonpayment of rent | 14 (landlord must serve a written 14-day demand for rent under RPAPL 711(2), requiring tenant to pay or surrender; landlord must also provide a written late-rent notice at least 5 days after rent was due before serving the demand) |
| Lease violation | 10 days to cure (landlord must serve a 10-day Notice to Cure identifying the violation; if tenant fails to cure, landlord must then serve a 30-day Notice of Termination before filing a holdover petition) |
| No-cause / end of tenancy | 30 days if tenancy under 1 year, 60 days if 1-2 years, 90 days if over 2 years (RPL 226-c); however under the Good Cause Eviction law effective April 20 2024, no-cause evictions are prohibited in NYC and opted-in municipalities — landlord must have a good cause reason enumerated in the statute |
| Holdover tenant | Varies by situation: 30/60/90 days for lease expiration (RPL 226-c), 10-day Notice to Cure plus 30-day Notice of Termination for curable lease violations, 30-day Notice of Termination for incurable violations, 10-day Notice to Quit for squatters/licensees (RPAPL 713) |
| Tenant must respond within | 10 days after service to file a written answer in nonpayment cases; in holdover cases the answer is due on or before the return date listed on the Notice of Petition |
| Realistic total timeline | Uncontested approximately 45 to 75 days; contested 90 to 180 days or longer; in NYC Housing Court with tenant counsel, contested cases commonly take 120 to 365 days or more |
How the Eviction Lawsuit Is Filed in New York
In NYC, landlord files a Notice of Petition and Petition in NYC Housing Court (one per borough), filing fee approximately 45; outside NYC, filed in City Court, Town Court, Village Court, or Justice Court, filing fee approximately 125 to 150; papers must be served by someone 18 or older who is not a party to the case
Hearing timeline: 10 to 17 days after service (Notice of Petition must be served at least 10 but no more than 17 days before the court date); in practice NYC Housing Court is heavily congested and adjournments of 14 days or more are common
Writ of possession / lockout: 14 days minimum — after the court issues a Warrant of Eviction (RPAPL 749), the NYC Marshal or county Sheriff must give the tenant at least 14 days written notice before executing the warrant; execution must occur on a business day between sunrise and sunset and cannot occur on a Sunday or religious sabbath
Tenant Defenses Against Eviction in New York
Depending on your situation, you may be able to raise defenses such as:
- Improper notice or service (rent demand missing required information or not properly served)
- warranty of habitability (landlord failed to maintain habitable conditions under RPL 235-b
- may be asserted as defense or counterclaim)
- retaliatory eviction (eviction filed within 1 year of tenant making good-faith health or safety complaint
- creates rebuttable presumption of retaliation under RPL 223-b)
- discrimination based on race
- color
- national origin
- religion
- sex
No defense is guaranteed — but raising a valid one can delay or stop the eviction.
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What Your Landlord CANNOT Do
In New York, a landlord cannot evict you without a court order. Changing locks without a court order; removing tenant belongings from the premises; shutting off utilities including heat, water, electricity, or gas; blocking access to the apartment; threatening or intimidating tenants to force them to leave; any physical removal without a marshal or sheriff warrant — illegal eviction is a Class A misdemeanor punishable by up to 1 year imprisonment, civil penalties of 1000 to 10000 per violation plus up to 100 per day, and tenants may recover treble damages for lost or damaged property under RPAPL 853
Free legal help: NYC tenants have a Right to Counsel — free legal representation is guaranteed for income-eligible tenants (under 200 percent federal poverty level) in all NYC Housing Court eviction proceedings regardless of immigration status, contact NYC HRA Legal Services for Tenants; Legal Aid Society at 212-577-3300 serves all five boroughs; Housing Court Answers hotline at 718-557-1379; LawHelpNY at lawhelpny.org to search by zip code for free legal services; outside NYC contact Legal Assistance of Western New York at lawny.org or local legal aid organizations
Other New York eviction rules: Good Cause Eviction law effective April 20 2024 applies automatically in NYC and in municipalities that opt in (including Albany, Ithaca, Kingston, Poughkeepsie, Rochester, Beacon, Newburgh, and others); landlords must have good cause to evict or refuse lease renewal and rent increases are capped at 5 percent plus regional CPI or 10 percent whichever is lower; landlords must attach a Good Cause Eviction Law notice to leases and renewals disclosing whether the law applies; approximately 1 million NYC units are rent-stabilized with separate strong protections including right to lease renewal; small landlord exemption applies to owners of 10 or fewer units statewide though opt-in municipalities may set their own threshold; NYC Housing Court has 24-hour emergency procedures for illegal lockout petitions; the Housing Stability and Tenant Protection Act of 2019 significantly strengthened rent stabilization protections; COVID-era eviction moratoriums have expired but some procedural changes such as the written late-rent notice requirement have been made permanent
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Official New York Sources & Resources
- New York Courts / Judiciary: https://www.nycourts.gov/courthelp/Homes/NYCnonpayment.shtml
- New York Eviction Statute: https://www.nysenate.gov/legislation/laws/RPA/711
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding the New York Eviction Process
The New York eviction process follows a strict legal sequence — notice, then filing, then hearing, then judgment, then enforcement. A landlord who skips any step in the New York eviction process is acting illegally, and you may have grounds to have the case dismissed.
Understanding the New York eviction process gives you the ability to spot errors in the notice, raise valid defenses, and buy time to find housing or legal help.
Never ignore an eviction notice — responding within the deadline is the most important step in the entire New York eviction process.
This New York eviction guide was last verified against official sources in June 2026. If you are facing eviction, contact a local legal-aid office immediately.
More New York Tenant Rights Guides
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- New York Rent Increase Laws
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.