How to Evict a Tenant in New York (2026)
The legal steps for landlords in New York — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In New York a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | 14-day written rent demand before filing a nonpayment proceeding. Separately, if rent is not received within 5 days of the due date, the landlord must send the tenant a certified-mail notice that rent was not received; failure is an affirmative defense to a nonpayment case. |
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| Lease violation | No general statewide statutory cure-notice period (lease terms govern). Where Good Cause Eviction applies, the tenant must be given written notice and 10 days to cure a substantial lease violation before eviction on that ground. In any lease-breach eviction case, the court must grant a 30-day stay of the warrant during which the tenant may cure. |
| Ending a month-to-month tenancy (no fault) | Landlord: written notice based on length of occupancy - 30 days (under 1 year), 60 days (1-2 years), 90 days (2+ years); same notice is required for a rent increase of 5% or more. Tenant: at least one month's notice before the end of the monthly term (outside NYC). |
Local rent-control or just-cause rules can limit evictions: Local rent control/stabilization allowed. Rent stabilization covers many NYC buildings and other localities that declare a housing emergency (allowed statewide since June 15, 2019). Good Cause Eviction Law (RPL Art. 6-A, 2024) applies automatically in NYC and in localities that opt in: rent increases above the 'local rent standard' (5% + regional CPI, capped at 10%) are presumed unreasonable and eviction/non-renewal requires good cause.
Step 2: Write and deliver the notice correctly
| What the notice must say | Required before a nonpayment case: a written rent demand giving at least 14 days' notice, requiring payment of the rent or surrender of possession, and served as RPAPL § 735 requires: personal delivery; delivery to a person of suitable age and discretion who lives or works at the property; or, if neither is possible, affixing to a conspicuous part of the property or placing under the entrance door. Either of the last two methods also requires mailing within one day by registered or certified mail and by regular first-class mail. Until June 15, 2034, the 14-day notice must also contain or attach the RPL § 231-c Good Cause Eviction notice, stating whether the unit is covered by Article 6-A (and, if exempt, why). Separately, if rent is not received within 5 days of the due date, the landlord must send the tenant a written notice of non-receipt by certified mail. Failure to send it is an affirmative defense in a nonpayment eviction. |
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| How it must be delivered | Eviction papers (notice of petition and petition), and notices the statutes require to be served 'as prescribed in section 735', such as the 14-day rent demand, must be served in one of three ways. (1) Personal delivery. (2) Leaving them with a person of suitable age and discretion who lives or works there. (3) If no one can be found after reasonable effort, affixing them to a conspicuous part of the property or sliding them under the entrance door. For methods 2 and 3, within 1 day the papers must also be mailed by BOTH certified or registered mail AND regular first-class mail. Proof of service must be filed within 3 days. Source: RPAPL 735; RPAPL 711(2) |
Notice forms:
- New York notice to pay rent or quit — requirements and free draft
- New York notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in New York are heard in: Summary proceedings: NYC Civil Court (Housing Part) in New York City; City, District, Town or Village Courts elsewhere.
- Notice: 14-day rent demand (nonpayment, RPAPL 711(2)) or termination/non-renewal notice of 30/60/90 days (holdover, RPL 226-c); in Good Cause areas the notice must state coverage and grounds
- File petition and notice of petition; in holdover cases serve it 10 to 17 days before the hearing (RPAPL 733)
- Hearing/trial; tenant may raise defenses such as warranty of habitability, retaliation, or missing 5-day late-rent notice
- Judgment of possession; court may stay the warrant up to 1 year for hardship (RPAPL 753(1)); 30-day cure stay in lease-breach cases (RPAPL 753(4))
- Warrant of eviction issued; officer must give at least 14 days' written notice before execution (RPAPL 749)
- Removal by sheriff, city marshal or constable, on a business day between sunrise and sunset; in nonpayment cases the warrant is vacated if full rent due is paid before execution
Court timing: Holdover: notice of petition served at least 10 and not more than 17 days before the hearing (RPAPL 733). Nonpayment (where RPAPL 732 is adopted by court rule): tenant answers within 10 days of service; trial set 3-8 days after answer.
Source: N.Y. RPAPL §§ 711, 732, 733, 749, 753
How long it takes to evict a tenant in New York
For unpaid rent, the notice period is 14 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in New York
Court filing and service fees are set locally. Verified fees in the largest New York counties:
| County | Filing and service fees |
|---|---|
| Brooklyn (Kings County) | $45 to issue a notice of petition (landlord's filing fee); $70 jury demand |
| Manhattan (New York County) | $45 to issue a notice of petition (landlord's filing fee); $70 jury demand |
| Queens (Queens County) | $45 to issue a notice of petition (landlord's filing fee); $70 jury demand |
| The Bronx (Bronx County) | $45 to issue a notice of petition (landlord's filing fee); $70 jury demand |
| Westchester County (Yonkers, White Plains) | $45 to issue a notice of petition in City Court; $20 in town and village justice courts |
| Erie County (Buffalo) | $45 to issue a notice of petition in City Court; $20 in town and village justice courts |
| Monroe County (Rochester) | $45 to issue a notice of petition in City Court; $20 in town and village justice courts |
| Suffolk County (Long Island) | $45 for a notice of petition in a summary proceeding (District Court); $20 in town and village justice courts |
| Nassau County (Long Island) | $45 filing first paper in a summary proceeding (District Court); $70 jury demand |
| Onondaga County (Syracuse) | $45 to issue a notice of petition in City Court; $20 in town and village justice courts |
| Albany County (Albany) | $45 to issue a notice of petition in City Court; $20 in town and village justice courts |
| Staten Island (Richmond County) | $45 to issue a notice of petition (landlord's filing fee); $70 jury demand |
| Orange County (Newburgh, Middletown) | $45 to issue a notice of petition in City Court; $20 in town and village justice courts |
| Dutchess County (Poughkeepsie, Beacon) | $45 to issue a notice of petition in City Court; $20 in town and village justice courts |
| Rockland County | $20 to issue a notice of petition in town and village justice courts |
| Oneida County (Utica, Rome) | $45 to issue a notice of petition in City Court; $20 in town and village justice courts |
| Broome County (Binghamton) | $45 to issue a notice of petition in City Court; $20 in town and village justice courts |
| Saratoga County (Saratoga Springs) | $45 to issue a notice of petition in City Court; $20 in town and village justice courts |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Landlord: written notice based on length of occupancy - 30 days (under 1 year), 60 days (1-2 years), 90 days (2+ years); same notice is required for a rent increase of 5% or more. Tenant: at least one month's notice before the end of the monthly term (outside NYC). |
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| Someone who was never a tenant (squatter / unauthorized occupant) | A squatter is not a tenant. The law defines a squatter as someone who enters or intrudes on real property without permission of the person entitled to possession and keeps occupying it without title, right, or permission. The owner removes a squatter through a summary proceeding in court ('no landlord-tenant relationship'), served with a 10-day notice to quit. If the occupant entered or stays by force or unlawful means, no notice to quit is needed when the statutory conditions are met. The unlawful-eviction protections of RPAPL § 768 cover occupants who have lawfully occupied a unit for 30+ consecutive days or who have a lease. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Self-help eviction is illegal: no force/threats, cutting off essential services, removing belongings or the door, or changing/disabling locks to remove an occupant who has lived there 30+ days or has a lease. Owner must restore the occupant. Penalties: class A misdemeanor; civil penalty of $1,000-$10,000 per violation plus up to $100/day (max 6 months) for failing to restore. |
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| Retaliation | Landlord may not serve a notice to quit, sue for possession, or substantially alter the tenancy (including refusing to renew or an unreasonable rent increase) because the tenant made a good-faith complaint to the landlord or a government agency about health/safety, habitability, or housing law violations, took good-faith action to enforce lease or legal rights, or joined a tenants' organization. Retaliation is presumed if the action occurs within one year after the protected act. Source: N.Y. RPL § 223-b |
| Accepting rent after the notice | In a nonpayment proceeding, if the tenant pays the landlord the full rent due at any time before the hearing on the petition, the landlord MUST accept it, and the payment makes the case moot. Before filing a nonpayment case, the landlord must serve a written 14-day rent demand. After a foreclosure, a successor owner's acceptance of rent does not waive its right to evict once the protected period ends (RPAPL 1305(4)). Source: RPAPL 731(4); RPAPL 711(2) |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
New York eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in New York?
14-day written rent demand before filing a nonpayment proceeding. Separately, if rent is not received within 5 days of the due date, the landlord must send the tenant a certified-mail notice that rent was not received; failure is an affirmative defense to a nonpayment case.
How much does it cost to evict a tenant in New York?
Court fees are set locally — for example, Brooklyn (Kings County): $45 to issue a notice of petition (landlord's filing fee); $70 jury demand.
Can a landlord change the locks to evict a tenant in New York?
Self-help eviction is illegal: no force/threats, cutting off essential services, removing belongings or the door, or changing/disabling locks to remove an occupant who has lived there 30+ days or has a lease. Owner must restore the occupant. Penalties: class A misdemeanor; civil penalty of $1,000-$10,000 per violation plus up to $100/day (max 6 months) for failing to restore.
How do you evict a tenant without a lease in New York?
Landlord: written notice based on length of occupancy - 30 days (under 1 year), 60 days (1-2 years), 90 days (2+ years); same notice is required for a rent increase of 5% or more. Tenant: at least one month's notice before the end of the monthly term (outside NYC).
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.