New York (NY) eviction guide
Quick answer
To evict a tenant in New York, a landlord must first serve a written notice (as short as 14 days for nonpayment of rent) and then file a summary proceeding in Housing Court or local Justice Court if the tenant does not comply. After a court hearing and judgment, a NYC Marshal or county Sheriff serves a 14-day Notice of Eviction before the physical lockout can occur. The full process typically takes 6 to 16 weeks, though contested NYC cases routinely run 3 to 6 months or longer.
| Legal grounds | Nonpayment of rent, lease violation, holdover after lease ends, illegal use of property |
|---|---|
| Minimum notice | 14 days (nonpayment) |
| Where to file | NYC Housing Court (NYC) or local Justice Court / City Court (rest of state) |
| Filing fee | About $45 to $185 depending on court and case type |
| Typical timeframe | 6 to 16+ weeks (3 to 6 months in NYC) |
Required for nonpayment of rent; the written demand must give the tenant 14 days to pay in full or vacate, and must include Good Cause Eviction disclosures under RPAPL 711.
Served when a tenant violates a lease term other than rent; gives the tenant 10 days to fix the violation before the landlord can move to terminate.
Required to terminate a month-to-month tenancy where the tenant has lived in the unit less than one year.
New York law requires 90 days notice to terminate a tenancy of more than two years, regardless of lease type.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve Written Notice | 14 to 90 days | Deliver the legally required notice by certified mail and/or personal service; the period depends on the eviction ground. |
| 2. File a Petition in Court | 1 to 3 days to file | If the tenant does not comply, file a Notice of Petition and Petition with the Housing Court or local Justice Court and pay the filing fee. |
| 3. Serve Court Papers on the Tenant | 10 to 17 days before hearing | A process server must deliver the Notice of Petition and Petition to the tenant at least 10 but no more than 17 days before the court date. |
| 4. Attend the Hearing | 1 to 2 days in court | Both parties appear; the judge may rule immediately or schedule a follow-up trial date if the tenant contests the case. |
| 5. Obtain Judgment and Warrant of Eviction | Days to weeks after hearing | If the landlord wins, the court issues a judgment of possession; the landlord then requests a Warrant of Eviction from the court clerk. |
| 6. Marshal or Sheriff Executes Lockout | 14 days after notice served | A NYC Marshal or county Sheriff serves a 14-day Notice of Eviction; the physical removal happens on or after day 15, between 8 a.m. and 5 p.m. on weekdays. |
Filing fees run about $45 to $185 depending on the court (NYC Housing Court, District Court, or Justice Court) and case type. Beyond filing, landlords typically pay for a process server, and hiring a NYC Marshal or county Sheriff to execute the warrant of eviction adds additional fees that vary by county.
After the court enters a judgment of possession, the landlord hires a NYC Marshal (in NYC) or the county Sheriff or constable (outside NYC) to obtain and execute the Warrant of Eviction. The Marshal or Sheriff serves the tenant a 14-day Notice of Eviction before the lockout; the physical removal can occur on or after day 15, weekdays between 8 a.m. and 5 p.m. Self-help eviction, such as changing locks or removing belongings without a warrant, is illegal in New York and can expose the landlord to damages.
General information, not legal advice. Governing statute: N.Y. Real Property Actions and Proceedings Law (RPAPL) Article 7, Section 711. Self-help eviction is illegal everywhere; always follow the court process.
New York eviction FAQ
Uncontested cases outside NYC can wrap up in **6 to 10 weeks** from notice to lockout. Contested cases in NYC Housing Court routinely take **3 to 6 months** due to court backlogs, and a judge can grant a stay of up to **1 year** for hardship. Budget for the longer end if the tenant files any response.
Court filing fees run roughly **$45 to $185** depending on the court. Add process server costs (typically $75 to $150), Marshal or Sheriff fees for executing the warrant, and attorney fees if you hire one. A straightforward uncontested eviction often costs **$500 to $1,500 total**; contested cases with an attorney can exceed **$5,000**.
No. New York strictly prohibits self-help evictions. A landlord cannot change locks, remove belongings, shut off utilities, or otherwise force a tenant out without a court judgment and a warrant executed by a licensed Marshal or Sheriff. Doing so is illegal and can result in the landlord owing the tenant damages.
The minimum is a **14-day written notice** for nonpayment of rent (RPAPL 711). Lease violation evictions require a **10-day notice to cure**. Month-to-month tenants need **30, 60, or 90 days notice** depending on how long they have lived in the unit, with the longest period applying to tenancies over 2 years.
Signed in 2024, New York's Good Cause Eviction law limits when landlords can refuse to renew leases or raise rents unreasonably, and requires that eviction notices include specific disclosures about whether the unit is covered. Landlords who skip these disclosures risk having their petition dismissed, so including them in every nonpayment and holdover notice is essential.
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