New York Eviction Laws: Notice Requirements, Process, and Timelines

New York handles evictions through Housing Court (in NYC) or local Civil/District Courts using summary proceedings governed by the Real Property Actions and Proceedings Law (RPAPL) and Real Property Law (RPL). New York is one of the most tenant-protective states in the country, with multiple overlapping regulatory systems including rent control, rent stabilization, the Housing Stability and Tenant Protection Act (HSTPA) of 2019, and the Good Cause Eviction Law (effective April 2024). Notice requirements vary significantly based on tenancy duration, property type, and location. Below you’ll find everything landlords need to know.

New York Eviction Laws

Comprehensive guide to New York's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Housing Court (NYC) / City/Town/Village Court (outside NYC).

⚡ Quick Overview

14

Days Notice (Nonpayment)

30-90

Days Notice (Violation)

60-120

Avg Total Days

$45-75

Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 14-Day Written Rent Demand

Notice Period 14 days

Tenant Can Cure? Yes - tenant can pay full rent owed at any time before execution of warrant of eviction

Days to Hearing 10-17 days

Days to Writ 14 days

Total Estimated Timeline 60-120 days

Total Estimated Cost $300-$1,000+

⚠️ Watch Out

Extremely tenant-friendly. HSTPA (2019) requires 14-day written rent demand (no oral demands). Good Cause Eviction Law (2024) requires valid reason to evict or not renew in covered units. Rent demand must include Good Cause notice. Tenant can pay all rent owed at any time before warrant execution to dismiss case. Late fees capped at lesser of $50 or 5% of rent. Hardship stay up to 1 year available.

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📋 Lease Violation

Notice Type Notice to Cure / Notice of Termination

Notice Period 30-90 days

Tenant Can Cure? Depends - Notice to Cure typically gives 10+ days to cure; if not cured, Notice of Termination with 30/60/90 days based on tenancy length

Days to Hearing 10-17 days

Days to Writ 14 days

Total Estimated Timeline 90-180 days

Total Estimated Cost $300-$1,000+

⚠️ Watch Out

Two-step process for lease violations: (1) Notice to Cure gives tenant time to fix violation, then (2) Notice of Termination if not cured. Termination notice period depends on tenancy length: 30 days (<1 year), 60 days (1-2 years), 90 days (2+ years) per RPL §226-c. Good Cause Eviction adds additional protections for covered tenants.

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📬 Service of Process

Service Methods Personal service, suitable age/discretion at premises (with follow-up mailing), or nail-and-mail (posting + certified/registered + first-class mail) after 2 failed attempts

Proof Required Yes - affidavit of service required, signed before notary

Posting Allowed Yes - nail-and-mail after 2 failed personal service attempts

Service of Process Fee $40-75

📝 Service Notes

Landlord cannot personally serve papers. Must use process server 18+. Notice of Petition and Petition must be served 10-17 days before hearing. 14-day rent demand must also be properly served per RPAPL §735.

🏛️ Court & Legal Information

Court Housing Court (NYC) / City/Town/Village Court (outside NYC)

Filing Fee (Approx) $45-75

Attorney Required No for individuals; Yes for corporations/LLCs. Outside NYC, Notice of Petition must be issued by attorney, judge, or clerk.

Attorney Recommended Yes - highly recommended given complexity of NY tenant protections

Mandatory Mediation No - but courts strongly encourage settlement in Resolution Part

Jury Trial Available Yes - either party may demand jury trial, even after first appearance

Recover Attorney Fees Yes - if lease provides for landlord fees, tenant automatically gets reciprocal right (RPL §234)

Recover Back Rent (Same Filing) Yes - money judgment for rent can be included

Recover Costs from Tenant Yes - court costs recoverable; attorney fees if lease provides (reciprocal)

Default Judgment Available Yes - if tenant fails to answer within 10 days or appear

Default Judgment Timeline 10 days after service if no answer filed

Statute Citation RPAPL §711(2)

Self-Help Eviction Allowed No - criminal offense under RPAPL §768

Local Overrides Common Yes - extensive

🕐 Common Delays

NYC Housing Court massive backlogs - average cases take 3-4 months minimum. Settlement conferences mandatory in Resolution Part. Tenant adjournment requests commonly granted. Hardship stays up to 1 year. Appeals add months.

🔗 Official Court Website 📜 State Statutes

⚖️ Appeals & Post-Judgment

Appeal Window 30 days

Appeal Stays Eviction Yes - with bond or court order; tenant can also seek hardship stay up to 1 year (RPAPL §753)

Tenant Pay and Stay Yes - tenant can pay all rent owed at any time before execution of warrant to dismiss case (RPAPL §749(3))

Tenant Auto-Continuance Yes - tenant can request adjournment at first appearance; commonly granted for 14+ days

Writ Executed By NYC Marshal or Sheriff/Constable (outside NYC)

Writ Execution Timeline 14 days after warrant served on tenant

Writ Execution Fee $75-150

🔒 Lockout Procedure

Only marshal/sheriff/constable can execute warrant. Must serve 14-day notice of eviction first. Eviction only during daylight hours on business days. Illegal lockout is a misdemeanor.

📦 Tenant Property & Abandonment

Abandonment Period Reasonable time - no specific statutory period days

📋 Abandonment Rules

Landlord must give tenant reasonable time to remove belongings during eviction. Cannot retain personal property or furniture (RPAPL §749; RPL §235). Eviction can only occur during daylight hours on business days.

🏦 Security Deposits

Return Deadline 14 days

Maximum Deposit 1 month rent

📝 Deposit Details

HSTPA (2019) capped at 1 month regardless of unit type. Must return within 14 days with itemized deductions or forfeit right to retain. No pet deposits beyond 1-month cap. Application fees capped at $20. Cannot require last month rent. Buildings 6+ units: must hold in interest-bearing account.

💵 Late Fees

Late Fee Cap Lesser of $50 or 5% of monthly rent

📝 Late Fee Rules

Rent not late until at least 5th day of month (5-day grace period). Late fees only allowed after grace period. Cannot evict for nonpayment of late fees alone.

🛡️ Tenant Protections

Retaliatory Eviction Protection Yes

Retaliation Window No specific statutory window - general prohibition under RPL §223-b. Rebuttable presumption of retaliation if eviction within 6 months of complaint in NYC.

Rent Control Yes

📝 Rent Control Details

Rent control (pre-1947 buildings, continuous occupancy since 1971) and rent stabilization (buildings 6+ units built 1947-1974 in NYC). Good Cause Eviction Law (2024) covers many market-rate units - requires valid reason to evict/non-renew; rent increases above lower of 10% or CPI+5% presumptively unreasonable.

COVID Protections Active No - ERAP and COVID moratorium expired

Fair Housing (State Additions) Age (18+), marital status, military status, sexual orientation, gender identity/expression, lawful source of income, domestic violence victim status, arrest/conviction record (NYC), citizenship/immigration status (NYC)

🏙️ Local Overrides & City-Specific Rules

Cities with Overrides New York City, Albany, Syracuse, Newburgh, Yonkers, and many municipalities adopting Good Cause

📝 Local Override Details

NYC has extensive tenant protections via Housing Court, HPD, rent stabilization. Good Cause Eviction Law adopted statewide 2024 with municipal opt-in for certain provisions. Many cities and towns actively opting in. Registration requirements in Albany, Newburgh, Syracuse.

Underground Landlord

📝 New York Eviction Process (Overview)

1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
3. File an eviction case with the Housing Court (NYC) / City/Town/Village Court (outside NYC). Pay the filing fee (~$45-75).
4. Tenant is served with a summons and has the opportunity to respond.
5. Attend the court hearing and present your case.
6. If you prevail, obtain a writ of possession from the court.
7. Law enforcement executes the writ and removes the tenant if necessary.

🏛️ Courthouse Information and Locations for New York

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ℹ️ Notes

ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity

⚠️ Disclaimer: This page provides general information about New York eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified New York attorney or local legal aid organization.

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Underground Landlord

🔍 Reduce Your Risk Before Signing a Lease: New York landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in New York — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need New York's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.

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Disclaimer: This is general educational information, not legal advice. New York eviction law is among the most complex in the nation. Consult a qualified New York attorney for specific legal guidance.

Understanding New York’s Regulatory Framework

New York has multiple layers of tenant protection that may apply depending on the property:

• Rent Control: Buildings constructed before February 1947 where tenant/successor has lived since before July 1, 1971
• Rent Stabilization: Buildings with 6+ units built before January 1, 1974 (NYC) or under Emergency Tenant Protection Act (ETPA) elsewhere
• Good Cause Eviction Law (2024): Market-rate apartments in NYC (and opt-in localities) not covered by rent regulation
• HSTPA (2019): Statewide protections including notice requirements, late fee caps, security deposit limits

Self-help evictions are strictly illegal and constitute a misdemeanor under RPAPL § 768. Only courts can order eviction, and only a marshal, sheriff, or constable can execute the warrant.

Good Cause Eviction Law (Effective April 20, 2024)

This major change affects most unregulated apartments in NYC (and opt-in localities):

Applies to: Residential apartments in NYC not already rent-regulated, with exemptions

Key Exemptions:

• Buildings with Certificate of Occupancy issued after January 1, 2009 (for 30 years)
• Owner-occupied buildings with fewer than 10 units
• “Small landlords” (10 units or fewer statewide)
• Units with rent exceeding 245% of HUD Fair Market Rent (e.g., ~$6,005 for 1BR in 2024)
• Rent-regulated or subsidized housing
• Localities outside NYC that haven’t opted in

Good Cause Required for Eviction:

• Nonpayment of rent (unless rent is “unreasonable”)
• Substantial lease violations (after 10-day notice to cure)
• Nuisance behavior
• Illegal use of premises
• Unreasonable refusal of landlord access
• Owner personal use (good faith intent required)
• Failure to agree to reasonable lease changes/rent increase

Unreasonable Rent Increase Threshold: Increases above the lower of 10% OR 5% + CPI are presumptively unreasonable. For 2025, this is approximately 8.79%. Courts consider property taxes, fuel/utility costs, insurance, and significant repairs when evaluating reasonableness.

Required Notice (RPL § 231-c): All landlords (even exempt ones) must include the Good Cause Eviction Law Notice in all leases, renewals, notices, and petitions as of August 18, 2024.

Notice Requirements by Violation Type

Nonpayment of Rent: 14-Day Written Rent Demand

Before filing a nonpayment case, landlords must serve a 14-day written rent demand. (RPAPL § 711(2))

• Must specify months and amounts of rent owed
• Must be served same way as Notice of Petition (see service methods below)
• The old 3-day oral notice is no longer valid after HSTPA
• 5-day grace period: Rent cannot be considered late until 6th day after due date—notice cannot be served until then
• Tenant can cure by paying full rent due at any time before warrant execution

Late Fee Cap: Late fees are limited to $50 or 5% of monthly rent, whichever is less, and only after the 5-day grace period. (HSTPA)

Lease Violations: Notice to Cure (10 Days)

For curable lease violations, serve a Notice to Cure giving the tenant opportunity to correct the issue:

• 10 days to cure for Good Cause-covered units
• Rent-stabilized units may have specific cure periods under Rent Stabilization Code
• Must describe the specific violation

Incurable Violations/Termination: Notice of Termination

For serious misconduct (illegal activity, nuisance, threats), serve a Notice of Termination—no right to cure. Also used after uncured breach.

Non-Renewal/Rent Increase (5%+): 30/60/90-Day Notice

Under HSTPA (RPL § 226-c), landlords must give written notice of non-renewal OR rent increases of 5% or more:

• 30 days: Tenant occupied less than 1 year OR lease less than 1 year
• 60 days: Tenant occupied 1-2 years OR lease 1-2 years
• 90 days: Tenant occupied 2+ years OR lease 2+ years

Good Cause Note: For covered units, non-renewal requires good cause justification even with proper notice.

Service of Notices and Petitions

New York has strict service requirements under RPAPL § 735:

1. Personal service: Hand delivery to the tenant
2. Substituted service: Delivery to a person of suitable age and discretion at the premises
3. “Nail and mail” (conspicuous place service): If personal and substituted service fail after at least 2 attempts, post on door AND mail by regular and certified mail

The 14-day rent demand must be served using these same methods.

Filing the Eviction Lawsuit

After proper notice, file a Notice of Petition and Petition in:

• NYC: Housing Court in the county where property is located
• Outside NYC: City, Town, or Village Court; District Court; or County Court

Two types of summary proceedings:

• Nonpayment: Tenant failed to pay rent (seeks possession + money judgment)
• Holdover: Lease violations, expired lease, illegal activity (may or may not seek money judgment)

Required documents:

• Verified Petition
• Notice of Petition
• Proof of service (Affidavit of Service)
• Copy of lease
• Rent ledger
• Copy of 14-day rent demand (nonpayment) or applicable notices (holdover)
• Good Cause Eviction Law Notice (RPL § 231-c)—required for ALL petitions

Notice of Petition and Petition must be served at least 10 days before the court date.

The Court Hearing

Court process:

1. Case starts in Resolution Part—parties may attempt settlement
2. If no settlement, case goes to trial
3. Either party may request a jury trial (unless lease prohibits)
4. If tenant doesn’t appear, landlord can obtain default judgment at inquest
5. Tenant has 10 days to file an answer

At trial: Landlord presents case first. Judge considers notice compliance, landlord’s right to possession, and tenant defenses.

Judgment and Warrant of Eviction

If landlord prevails, the court issues a Judgment for Possession (and money judgment if applicable).

The court then issues a Warrant of Eviction, which:

• Must be served with at least 14 days’ notice before execution (HSTPA change)
• Is served by the Marshal (NYC), Sheriff, or Constable
• Eviction can only occur on a business day during daylight hours

Tenant’s Right to Pay: In nonpayment cases, the tenant can stop eviction by paying full rent owed at any time before the warrant is executed. (RPAPL § 749(3))

Hardship Stays

Under RPAPL § 753, courts may grant a stay of eviction for up to one year based on hardship. The court considers:

• Tenant’s health conditions
• Children enrolled in local school
• Difficulty finding comparable housing in the area
• Hardship on landlord if tenant remains
• Other life circumstances

This applies to both nonpayment and holdover cases statewide (expanded by HSTPA from NYC-only, holdover-only, 6-month maximum).

Appeals

Tenant may file a Notice of Appeal within 30 days of judgment and may request a stay of execution pending appeal.

Special Protections

Rent-Regulated Tenants

• Cannot be evicted except for specific grounds in Rent Stabilization Code
• Entitled to lease renewals
• Owner occupancy eviction limited for seniors, disabled persons, and long-term tenants (15+ years in NYC, 20+ years outside)
• Landlord may need DHCR approval before certain proceedings (e.g., demolition)

Mobile Home Owners

Entitled to 90-day Notice of Eviction (unless judge orders otherwise).

Tenant Defenses

• Improper notice/service: Predicate notice defects are fatal to eviction case
• Warranty of habitability: Landlord failed to maintain premises
• Retaliation: Eviction in response to complaints or exercising rights
• Rent overcharge: Landlord charging more than legal regulated rent
• Unreasonable rent increase: Under Good Cause, increase above threshold
• Payment: Tenant paid or offered full rent
• No good cause: For covered units, landlord lacks valid statutory reason
• Missing Good Cause Notice: Failure to include required RPL § 231-c notice

After Eviction: Personal Property

Landlord must give tenant reasonable time to remove belongings. Landlord cannot retain personal property or furniture. (RPAPL § 749; RPL § 235)

HSTPA Key Provisions (Statewide)

• Security deposits: Capped at one month’s rent
• Security deposit return: Within 14 days with itemized deductions
• Application fees: Limited to $20 for credit/background check
• Late fees: Capped at $50 or 5% (whichever is less), only after 5-day grace
• 14-day rent demand required (no more 3-day oral demand)
• 14-day notice before warrant execution
• 30/60/90-day notice for non-renewal or 5%+ rent increase

Typical Timeline

• Nonpayment (uncontested): 6-12 weeks
• Holdover (uncontested): 8-16 weeks
• Contested cases: 3-6+ months
• With hardship stay: Up to 1 additional year
• NYC Housing Court backlog: Can add significant time

Best Practices for New York Landlords

• Determine which regulatory framework(s) apply to your property
• Include Good Cause Eviction Law Notice (RPL § 231-c) in ALL leases and notices
• Document your exemption if claiming one
• Use 14-day written rent demand—oral demands are invalid
• Calculate 30/60/90-day notice periods based on tenancy duration
• Serve notices using proper RPAPL § 735 methods and keep proof
• Don’t serve rent demand until 6th day after rent due (grace period)
• Cap late fees at $50 or 5%, whichever is less
• Limit security deposit to one month’s rent
• Return deposit within 14 days with itemized statement
• Be prepared for hardship stay requests
• Consult an attorney—NY eviction law is exceptionally complex

Quick Reference: New York Eviction Rules

• Nonpayment rent demand: 14 days (written, served per RPAPL 735)
• Grace period before late fee: 5 days
• Notice to cure (lease violations): 10 days (Good Cause units)
• Non-renewal/5%+ increase: 30/60/90 days based on tenancy duration
• Service of petition: At least 10 days before court date
• Warrant execution notice: 14 days minimum
• Tenant can pay to stop eviction: Until warrant executed
• Hardship stay: Up to 1 year
• Appeal deadline: 30 days
• Security deposit cap: 1 month’s rent
• Deposit return: 14 days
• Late fee cap: $50 or 5% (lower)
• Application fee cap: $20
• Unreasonable rent threshold: 10% or 5%+CPI (lower)
• Good Cause notice: Required for all leases/petitions (August 2024+)
• Governing law: RPAPL Article 7, RPL Article 6-A & 7, HSTPA

Bottom line: New York has the most complex eviction system in the country with multiple overlapping protections. The 2019 HSTPA dramatically expanded tenant rights, and the 2024 Good Cause Eviction Law added further restrictions on market-rate evictions. Landlords must include the Good Cause notice in all documents, use proper 14-day written rent demands, respect grace periods and fee caps, and be prepared for potentially lengthy proceedings including hardship stays. Given the complexity and high stakes, consulting a New York landlord-tenant attorney is essential.