New York evictions run through the courts from start to finish, and the state’s 2019 rent law, the Housing Stability and Tenant Protection Act, added several steps and protections [9]. Here’s the order things happen in a typical case over unpaid rent.
At a glance
- Late-rent notice
- Certified mail once rent is 5 days late [5]
- Rent demand
- At least 14 days, in writing, before filing [1]
- Answering the case
- Within 10 days of being served (nonpayment) [2]
- Eviction notice
- At least 14 days' written notice from a marshal or sheriff [3]
- Paying it off
- Full rent paid before the eviction stops a nonpayment case [3]
- Extra time
- A judge can give up to 1 year in hardship cases [4]
The eviction timeline (nonpayment case)
-
Late-rent notice After rent is 5 days late
If rent isn't received within 5 days of the due date, the landlord must send a written notice by certified mail. Skipping it can be raised as a defense in a nonpayment case.
N.Y. Real Prop. Law § 235-e(d)
-
Written rent demand At least 14 days
Before filing a nonpayment case, the landlord must serve a written demand giving the tenant at least 14 days to pay. Holdover cases (lease ended, or a lease violation) start with a different notice instead.
N.Y. RPAPL § 711(2)
-
Landlord files a petition After the demand period ends
In New York City, cases are heard in Housing Court. Elsewhere, they go to the local city, district, town or village court, or the county court.
N.Y. RPAPL § 701, § 711
-
Tenant is served and answers Answer within 10 days of service
In a nonpayment case the papers are returnable within 10 days of service. If the tenant answers, the court sets a hearing 3 to 8 days later. If the tenant doesn't answer, the landlord can get a judgment.
N.Y. RPAPL § 732
-
Court hearing and judgment Varies by court
The judge can rule for either side. A tenant who loses can ask for a stay of up to one year by showing extreme hardship. In a holdover based on a lease violation, the court must give 30 days to cure it.
N.Y. RPAPL § 753
-
Warrant of eviction and notice At least 14 days' written notice
A marshal or sheriff must give at least 14 days' written notice before carrying out the warrant, and can only do it on a business day between sunrise and sunset.
N.Y. RPAPL § 749(2)
-
Last chance to pay Until the warrant is carried out
In a nonpayment case, if the tenant pays or deposits the full rent owed before the eviction happens, the court must vacate the warrant unless the landlord proves the rent was withheld in bad faith.
N.Y. RPAPL § 749(3)
Nonpayment vs. holdover
New York has two main kinds of eviction case:
- Nonpayment: the landlord says you owe rent. This needs the 14-day written rent demand first [1]. You can only be evicted for unpaid rent, not for late fees, legal fees or other added charges [9].
- Holdover: the landlord wants the apartment back for another reason, such as the lease ending or a lease violation. If the case is about a lease violation, the judge must give you 30 days to fix it [4].
Either way, “No tenant or lawful occupant of a dwelling… shall be removed from possession except in a special proceeding.” That’s a court case. Changing the locks, removing your things or shutting off utilities to force you out isn’t a legal shortcut [1].
Where the case is heard
In New York City, eviction cases are heard in Housing Court [11]. Outside the city, they can be brought in the local city, district, town or village court, or the county court [12].
Protections added in 2019
The Housing Stability and Tenant Protection Act changed the rules for nearly every renter in the state, not just rent-stabilized tenants [9]:
| Rule | What the law says |
|---|---|
| Security deposit | No more than one month's rent [8] |
| Deposit return | Within 14 days after you move out, with an itemized list of anything kept [8] |
| Late fee | Only after 5 days late; no more than $50 or 5% of the rent, whichever is less [7] |
| Application fees | None, except up to $20 (or actual cost if lower) for a background and credit check [7] |
| Late-rent notice | Certified mail once rent is 5 days late [5] |
| Rent demand | At least 14 days, in writing [1] |
| Stay after losing | Up to 1 year if moving would cause extreme hardship [4] |
Notice before a big rent increase or non-renewal
If your landlord plans to raise the rent by 5% or more, or not renew your lease, they must tell you in writing ahead of time. How far ahead depends on how long you’ve lived there [6]:
| How long you've lived there | Notice required |
|---|---|
| Lived there less than 1 year (and lease under 1 year) | 30 days |
| Lived there 1 to 2 years | 60 days |
| Lived there 2+ years, or lease of 2+ years | 90 days |
If the landlord doesn’t give that notice, you can stay at your current rent until proper notice is given and the notice period runs out [9].
Good Cause Eviction
In New York City, and in other cities, towns and villages that choose to opt in, the Good Cause Eviction law adds more protection for covered renters in eviction cases. Under it, a yearly rent increase above 10%, or 5% plus inflation if that’s lower, is treated as presumptively unreasonable [10]. Not every apartment is covered; check with NYS Homes and Community Renewal.
If you lose the case
- Ask for more time. A judge can pause the eviction for up to one year if you show extreme hardship, considering things like serious illness and children enrolled in local schools, along with the landlord’s own hardship [4].
- Pay if you can. In a nonpayment case, paying the full rent owed before the eviction is carried out stops it [3].
- Watch for the notice. A marshal or sheriff must give at least 14 days’ written notice, and can only evict on a business day between sunrise and sunset [3].
Sources
- N.Y. RPAPL § 711 (grounds; 14-day rent demand; removal only by court proceeding)
- N.Y. RPAPL § 732 (nonpayment proceedings: answer and hearing)
- N.Y. RPAPL § 749 (warrant of eviction, 14-day notice, paying before execution)
- N.Y. RPAPL § 753 (stay of up to one year; 30-day cure)
- N.Y. Real Property Law § 235-e (late-rent notice by certified mail)
- N.Y. Real Property Law § 226-c (30/60/90-day notice of non-renewal or 5%+ increase)
- N.Y. Real Property Law § 238-a (late fees, screening fees)
- N.Y. General Obligations Law § 7-108 (security deposits)
- NY Attorney General: Changes in New York State Rent Law (Housing Stability and Tenant Protection Act of 2019)
- NYS Homes and Community Renewal: Good Cause Eviction
- NYC Human Resources Administration: Free legal services for tenants
- N.Y. RPAPL § 701 (which courts hear eviction cases)
Common questions
How much notice does a New York landlord have to give before filing for nonpayment?
A written rent demand giving at least 14 days to pay. Before that, if rent is more than 5 days late, the landlord must also send a late-rent notice by certified mail.
Can a New York landlord change the locks without going to court?
No. A tenant can only be removed through a court case, and only a marshal or sheriff can carry out an eviction, after at least 14 days' written notice.
Can I stop an eviction by paying the rent?
In a nonpayment case, yes. If you pay or deposit the full rent owed before the marshal or sheriff carries out the warrant, the court must vacate it, unless the landlord proves you withheld rent in bad faith.