New York Eviction Process [2025]

Eviction In New York

The New York eviction process, like all states, begins with a simple eviction notice to the tenant (typically to either cure any violations or to vacate the premises). However, if you face additional pushback from the tenant, then the case must be brought before the court of law, adhering to landlord-tenant laws.

Legally evicting a tenant from a property is an intricate process dictated by federal, state, and local laws. These laws exist to protect both landlords and tenants from unjust treatment, unnecessary late fees, and the like. The best way to protect your legal standing in the event of eviction? Understand the landlord-tenant laws where you are, then ensure that you operate within them well before an eviction happens.

Landlords must comply with New York eviction laws, including providing proper notice to tenants. To ensure this, it’s best to keep a trusted legal professional, such as a lawyer, in your life who can clarify any confusion. In this article, we break down each step of the legal eviction process, reasons for eviction, types of notices, and more.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Note that eviction in New York City and other municipalities may differ, as cities often have additional laws and rules governing the eviction process. For more information, New York’s eviction laws can be found at NY RPA Code § 701-768.

NEW! 2025 New York Eviction Laws

• Good Cause Eviction Law (GCE) (S. 8306--C): This law took effect on April 20, 2024. It applies to many unregulated ("market rate") apartments in NYC, and potentially to other municipalities in the state. It prevents landlords from evicting tenants without one of the "good causes" outlined in the statute.
• Fairness in Apartment Rental Expenses (FARE) Act (N.Y.C. Local Law No. 119): This act went into effect on June 11, 2025, and applies only to New York City. It prohibits landlords from passing broker fees onto their prospective tenants and requires that all fees are explicitly disclosed to tenants before they sign a rental agreement.

Reasons for Eviction in New York

In New York, tenants can be evicted for nonpayment of rent, lease violations, and illegal activity. Regardless of the reason for eviction, landlords must give proper notice to tenants to either fix the issue or vacate the property (though the notice period varies depending on the violation). Adhering to landlord-tenant laws, we’ll discuss these violations and a few examples of each.

Nonpayment of Rent

The state of New York mandates a 5-day grace period for rent, meaning eviction action cannot be taken against a nonpaying tenant until five days after rent is due as per the lease. After this period, landlords can issue a 14-day notice to pay or quit the premises. This gives the tenant an additional 14 days to pay all rent and late fees due to avoid eviction. If the tenant refuses to leave the property or pay all rent due by the end of the notice period, the landlord may file a lawsuit in eviction court.

Lease Violations

Tenants who violate any terms of the lease agreement may also face eviction, but they are typically given a period to cure the violation, thereby stopping the eviction action. This notice period varies depending on the violation but typically lasts around 10 days. Failure to cure the violation or quit the property allows the landlord to issue an unconditional 30-day notice to vacate, meaning there is no longer a chance to fix the issue.

Lease violations vary by lease but generally include:

• Holding over after the lease expires
• Removing the batteries, disconnecting, or making inoperable a smoke or fire detector (in cities with populations over one million people)
• Unauthorized tenants or pets living on the property
• Defaulting in payments of any taxes or assessments levied on the premises which the tenant agreed to pay (for tenants in cities)

Note: In New York law, the term “Holdover Tenant” refers to any tenant who is residing in a property unlawfully for any reason besides nonpayment—including violating the lease, becoming a nuisance to neighbors, engaging in illegal activity, or staying in the unit after the lease ends. In other states, it exclusively refers to tenants who hold over after a lease expires, but this is not the case in New York.

Illegal Activity

Any activity that is unlawful in the state of New York can also warrant an eviction. Illegal activity may include:

• Taking the benefit of an insolvency statute (legal benefits during a financial issue) or being officially declared bankrupt, for tenancies of three years or less
• Using the property for purposes such as prostitution
• Illegal trade/manufacturing, or any other illegal business (NY RPA Code § 711).

If unlawful activity is discovered, landlords may issue an unconditional notice to vacate the premises immediately. Even if the tenant ceases all illegal activity, the eviction process will continue. No notice period is required, and landlords may bring an eviction lawsuit to court right away.

Additional Reading: New York Landlord Tenant Rental Laws & Rights [2025]

Eviction Process in New York

1. Landlord serves an eviction notice.
2. Landlord files an eviction lawsuit with the court.
3. Court serves tenant a summons.
4. Tenant files an answer and any tenant defenses.
5. Landlord and tenant attend court hearing and receive judgment.
6. Tenant gets 14 days to move out.
7. Sheriff arrives to forcibly remove the tenant with a court order.

1. Landlord Serves an Eviction Notice

The first step in the eviction process in New York is to send a formal eviction notice. If any of the above lease violations occur, the landlord must first serve a New York eviction notice and state that the tenant has the appropriate number of days to remedy or cure the violation.

There are three possible eviction notices a landlord may send in New York:

• Rent Demand Notice: 14 days to pay or quit. If rent is unpaid when due, the landlord must deliver this notice stating the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if it is not paid (not less than 14 days after receipt of the notice) (NY RPA Code § 711(2)).
• Holdover Notices (NYcourts.gov)
• Notice to Cure: 10 Days. If a tenant violates a lease term other than nonpayment (e.g., damaging the property or refusing the owner access to make repairs) or remains in the unit unlawfully for any reason, the landlord must first deliver a Notice to Cure, specifying the breach, informing the tenant what must be done to remedy it, and that it must be fixed within ten days.
• Termination Notice: 30 Days. If the tenant does not cure the breach within ten days, the landlord may send a Termination Notice informing the tenant that the lease will terminate in 30 days and that they must move out by that date. The Termination Notice does not provide an additional opportunity to fix the problem.
• Notice to Quit: 10 days. Landlords should send this notice when there is someone living in the property they did not rent to (i.e., a squatter or licensee, a guest of the tenant who moved in without the landlord’s permission).
• Unconditional Notice to Quit: Immediate. This notice gives no opportunity to “cure” the violation and applies if the tenant uses the property for illegal purposes, such as prostitution or illegal trade/manufacturing (NY RPA Code § 711(5)).

Landlords who own properties in rent-controlled areas are sometimes required to provide notice to the New York Division of Housing and Community Renewal (DHCR) before evicting a tenant. If your property is rent-controlled and you wish to evict a tenant for any reason besides nonpayment, you must give written notice to the DHCR District/Borough Rent Office within 48 hours after serving a Notice of Termination to the tenant. You must file an exact copy of the notice with an affidavit of service with the District/Borough Rent Office.

2. Landlord Files an Eviction Lawsuit with the Court

If the tenant has not cured the breach by the end of the required notice period (or if the violation is incurable and the notice period expires), the landlord can then file a Petition for Special Proceedings (the eviction lawsuit). In New York, the following courts have jurisdiction over evictions, depending on which county the property is located in: New York County Courts, the court of a police justice of the village, New York Justice Courts, a court of civil jurisdiction in a city, and New York District courts. The landlord should file the proceeding with the court that has jurisdiction over evictions where the rental property is located, depending on the county (NY RPA Code § 701).

The petition (eviction lawsuit) will include the following information as per NY RPA Code § 741:

• The landlord’s interest in the premises
• The tenant’s interest in the premises and relationship to the landlord
• A description of the premises
• The facts upon which the eviction is based
• The relief the landlord seeks (e.g., a judgment for rent due, the fair use/occupancy of the premises, etc.). Note that the landlord cannot seek any charges or fees besides rent in a summary proceeding action (NY RPA Code § 702).
• For properties in the city of Albany, proof of compliance with any local law requiring the registration of the property as a condition of legal rental

3. Court Serves Tenant a Summons

After the landlord files the petition, the court will issue a summons demanding the tenant’s presence in court. In New York, this summons is called a Notice of Petition, and it specifies the date, time, and place of the eviction hearing. It will also inform the tenant that if they do not attend the hearing to establish any defense, they may be prevented from asserting that defense and a default judgment may be awarded to the landlord (NY RPA Code § 731(2)).

Service of Summons

For most eviction cases (except for nonpayment cases provided in NY RPA Code § 732), the notice of petition must be served between ten and seventeen days before the hearing. The petition and notice of petition must be served by an adult who is not part of the case, in one of the following manners as per NY RPA Code § 735:

• Personal service to the tenant (but not on Sundays or on the tenant’s religious observance days)
• Leaving it with someone residing or working at the rental unit AND mailing a copy by regular first class and certified mail
• Posting the documents on a conspicuous place at the premises or sliding them underneath the front door AND mailing copies via regular first class and certified mail.

The Notice of Petition, Order to Show Cause, Petition for Special Proceedings, and proof of service must be filed with the court within three days afterwards (NY RPA Code § 735(2)). In certain nonpayment cases that follow special provisions, the Notice of Petition (summons) and other documentation must be returnable before the clerk within ten days after its service (NY RPA Code § 732).

In Westchester County, if it is required by local law, the landlord also needs to have the petition and summons served on the county commissioner of social services. This service should be made at least five days before the return date for the notice of petition, and it should be made via certified mail (return receipt requested), directed to the address listed in local law or civil practice law and rules (NY RPA Code § 734).

4. Tenant Files an Answer

After receiving the summons to court, the tenant is given an opportunity to file an answer in court. They may do so orally (in which way the clerk, judge, or justice will record it) or in writing. It will include any legal or equitable defense or counterclaim against the landlord’s claim (NY RPA Code § 743).

During this time, the tenant has a chance to stop the eviction, for nonpayment cases only, by paying the full amount of rent due before the hearing (NY RPA Code § 731(4)).

In New York, there are also a set of additional rules that may apply in some nonpayment proceedings. If a particular court enforces the special provisions in NY RPA Code § 732, then the following apply:

• If the tenant submits an answer, the hearing will be held between three and eight days after.
• If the tenant does not answer within ten days of being served the summons, a default judgment will be granted to the landlord and the issuance of the warrant cannot be stayed longer than ten days.

5. Landlord and Tenant Attend Court Hearing and Receive Judgment

Eviction cases in New York will typically be tried by the court, unless either party requests a jury trial. Either party can also request to adjourn the trial for 14 days, which will occur only if everyone agrees and gives consent for the continuance. Second or subsequent requests for adjournments will only be granted at the discretion of the court (NY RPA Code § 745(1)).

On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence related to the landlord-tenant laws and lease violation. Both the landlord and tenant will present their cases, and any evidence to the judge, who will afterwards issue a judgment. If the judge rules in the landlord’s favor, a judgment will be entered including any money awarded for rent and the costs of the special proceeding (NY RPA Code § 747). The court will also issue a Warrant for Possession to authorize the tenant’s removal from the rental unit.

Note that for nonpayment cases, the issuance of the warrant cannot be stayed for more than five days (NY RPA Code § 732).

6. Tenant Gets 14 Days to Move Out

The Warrant for Possession will be directed to the sheriff of the county or another constable or marshal of the city. The warrant will state the earliest date on which the tenant will be removed from the rental unit. The sheriff is required to give the tenant at least 14 days’ notice in writing before executing the warrant (NY RPA Code § 749(1-2a)). The tenant must move out within the 14 days or else they will be forcibly removed.

The tenant may request the court to “stay” or delay the eviction for a reasonable period of time, but only by showing a good cause reason (NY RPA Code § 749(1)).

7. Sheriff Arrives to Forcibly Remove the Tenant

If the tenant has not moved out at the end of the 14 days, the sheriff will return to forcibly remove the tenant. The sheriff can only do so on a business day between sunrise and sunset, and they must also check the premises for the presence of any pets and discuss the proper care of any animals with the tenant (NY RPA Code § 749(2)(a-b)).

For nonpayment cases, the court can still vacate (cancel) the warrant if the tenant deposits the full rent due with the court at any time prior to the sheriff returning (NY RPA Code § 749(3)).

Evicting a Squatter in New York

A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. In New York, squatters must have lived in the property with color of title for 10 continuous years to invoke New York squatters rights and claim right of possession (NY RPA Code § 511). The squatter may also be required to pay property taxes on the land.

A squatter’s possession must also be:

• Hostile/Adverse—The squatter must not have a valid lease with the owner.
• Actual—The squatter must be actively residing on the property.
• Open and Notorious—The squatter is openly and obviously living there.
• Exclusive—The squatter does not share possession of the property with anyone else.
• Continuous—The squatter must hold continuous and uninterrupted possession.

Note: New York City has different laws on squatter’s rights that specifically apply to the city. If your property falls within NYC jurisdiction, a squatter could claim it after only thirty consecutive days of occupation. This means NYC property owners must be especially vigilant to avoid adverse possession disputes.

While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in New York to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in New York, you should:

1. Call local law enforcement.
2. Determine whether the person is a trespasser or a squatter.
3. If the person is a trespasser, they can be removed immediately by a police officer.
4. If the person is a squatter, you must contact the sheriff’s office.
5. Send the squatter a 10-day eviction notice as per New York eviction law (NY RPA Code § 713(3)).
6. If the squatter does not vacate the premises by the end of the required notice period, file for eviction and follow the typical eviction process.
7. Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.

Additional Reading: New York Squatter’s Rights & Adverse Possession Laws [2025]

How Much Does an Eviction Cost in New York?

This chart shows estimates of the approximate cost of an eviction in New York, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.

How Long Does an Eviction Take in New York?

The chart below shows an estimate of the duration of each part of the eviction process. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.

Eviction Tips for Landlords

Eviction should always be a last resort. To avoid it, consider these proactive steps:

• Screen applicants thoroughly with comprehensive background checks, including credit, criminal, and eviction histories, to ensure reliable tenants.
• Perform regular property inspections to check that everything is well-maintained and no lease terms are violated.
• Use clear, plain language leases with straightforward language so tenants understand their responsibilities and obligations.
• Offer reasonable grace periods to provide flexible payment options and build stronger landlord-tenant relationships.
• Maintain open communication to establish an environment where tenants feel comfortable discussing any issues.

Before filing an eviction lawsuit, explore alternatives to eviction by working with tenants on solutions such as payment plans or lease adjustments.

Additional Reading: New York Background Checks & Screening Online

If eviction becomes inevitable, ensure you are on solid legal ground. To do so, ensure that you:

• Follow all legal procedures and deadlines to prevent delays or nullifications of the eviction process.
• Maintain comprehensive records of communications, payments, notices, and any evidence of lease violations.
• Avoid “self-help evictions”, which include changing locks, shutting off utilities, or removing a tenant’s belongings, as these actions are illegal.
• Utilize property management software to automate payments, send notices, and maintain accurate records.
• Be cautious with partial rent payments and only accept them with a written agreement to prevent complications.
• Consult a legal professional, such as an attorney or a lawyer, for guidance to navigate the complex legal landscape involved in evictions.

Conclusion

The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and New York laws on eviction, you can feel more confident pursuing an eviction in this state.

FAQs

How much notice is required for nonpayment of rent in New York?

Landlords must provide a 14-day notice after a 5-day grace period if rent remains unpaid, asking the tenant to pay or vacate.

How long does the entire eviction process take in New York?

The eviction process can take anywhere from 1 to 5 months in New York, depending on various factors such as court schedules and tenant responses.

Are there different regulations for eviction in NYC compared to the rest of New York?

Yes, NYC has additional laws and regulations that landlords must follow, so check with a local attorney for information about local statutes and requirements.

Can landlords charge tenants for eviction-related costs?

Landlords may include certain provisions in their leases requiring tenants to cover eviction fees, but these must comply with New York state laws and be reasonable.

What is a ‘Holdover Tenant’ in New York?

While ‘holdover tenant’ usually refers to a tenant who continues to occupy a property after their lease has ended, in New York, a holdover tenant is someone who remains on the property unlawfully for reasons other than nonpayment.

Additional Resources

• Landlord’s Guide to Nonpayment Eviction Proceedings for Courts Outside New York City – A pdf that provides a summary of nonpayment proceedings, guidelines, and the necessary updated eviction forms.
• New York Summary Proceedings (Evictions) — This page overviews the summary proceedings process for eviction in New York and provides instructions about filing forms, costs, and required steps.
• New York State Tenant’s Guide for Nonpayment Eviction Cases – A pdf from the New York Courts website describing and explaining the tenant eviction process.
• New York State Tenant’s Guide for Holdover Cases – A pdf from the New York Courts website describing and explaining the tenant eviction process for holdover evictions.
• New York City Tenant’s Guide to Housing Court – A general guide to Housing Court in New York City.