Important: Homzora is a housing research publisher, not a law firm, and nothing on this page is legal advice. This article is general information about the law as published by government and court sources at the time of writing, and it may not reflect later changes or the facts of your situation. Reading it does not create an attorney and client relationship. For advice about your situation, contact a licensed attorney or a legal aid organization in your state.
About 67.2 percent of occupied homes in New York City are rented, since the Census Bureau puts the owner occupied housing rate at 32.8% for 2020 to 2024, and the median gross rent is $1,821 a month (U.S. Census Bureau QuickFacts, New York City). For the many renters here, knowing how an eviction works under New York law can make the difference between losing a home on a missed deadline and keeping it.
This guide walks through each stage of a residential eviction in New York City: the notice, the court case, chances to pay and stay, appeals, and removal. It also explains why a landlord cannot lock you out on its own, and where to get free help. Deadlines in eviction cases are short, so if you have received a notice or court papers, contact a lawyer or legal aid office now.
Quick answers
- Rent demand: at least 14 days’ written notice (N.Y. RPAPL § 711).
- Late rent notice: required by certified mail if rent is 5 days late (N.Y. Real Prop. Law § 235-e).
- Warrant notice: at least 14 days’ written notice before removal (N.Y. RPAPL § 749).
- Free lawyers: available in every New York City ZIP code for eligible tenants (NYC Human Resources Administration, Legal services for tenants).
The eviction timeline in New York City
| Stage | Timing | Source |
|---|---|---|
| 14 day rent demand | At least 14 days | N.Y. RPAPL § 711 |
| Petition served | 10 to 17 days before the hearing | N.Y. RPAPL § 733 |
| Answer in nonpayment cases | Within 10 days of service where the court provides for it | N.Y. RPAPL § 732 |
| Warrant notice from a marshal | At least 14 days before removal | N.Y. RPAPL § 749 |
These are minimum periods in the law. Court schedules, continuances, and appeals often make the real process longer, and a case can move faster if a tenant misses a deadline.
The notice
Before a nonpayment case, a New York landlord must make a written rent demand giving at least 14 days’ notice (N.Y. RPAPL § 711). If rent is not received within 5 days of the due date, the landlord must also send a notice by certified mail, and failing to send it is a defense in a nonpayment case (N.Y. Real Prop. Law § 235-e). To end or not renew a tenancy, or to raise rent by 5 percent or more, the landlord must give 30, 60, or 90 days’ notice depending on how long you have lived there (N.Y. Real Prop. Law § 226-c).
Good Cause Eviction
New York’s Good Cause Eviction law took effect on April 20, 2024 and covers some market rate apartments in New York City (NYC HPD, Good Cause Eviction). For covered units, a landlord needs a listed ground to evict or refuse renewal, such as nonpayment of rent, a lease breach not cured within 10 days of written notice, nuisance, or an owner move in, and a rent increase above the local rent standard is presumed unreasonable (N.Y. Real Prop. Law § 216). HPD lists the 2026 local rent standard as 8.38 percent (NYC HPD, Good Cause Eviction). Exemptions include small landlords, rent regulated and subsidized units, and newer buildings, among others (N.Y. Real Prop. Law § 214). Tenants in rent stabilized apartments generally must be offered a renewal lease (NYS Homes and Community Renewal, Fact Sheet 4, Lease renewal in rent stabilized apartments).
The court case
A landlord starts the case with a petition and notice of petition (N.Y. RPAPL § 731), which must be served at least 10 and not more than 17 days before the hearing (N.Y. RPAPL § 733). In nonpayment cases where the court provides for it, you answer within 10 days of service (N.Y. RPAPL § 732); in other cases, the answer is made at the hearing, orally or in writing (N.Y. RPAPL § 743). In a nonpayment case, the landlord must accept the full rent if it is tendered before the hearing (N.Y. RPAPL § 731).
After judgment
A marshal or sheriff must give at least 14 days’ written notice before executing a warrant, and removal can happen only on a business day between sunrise and sunset (N.Y. RPAPL § 749). In nonpayment cases, the court must vacate the warrant if you pay or deposit the full rent due before it is executed, unless you withheld rent in bad faith (N.Y. RPAPL § 749). A court may stay a warrant for up to one year for hardship, and in lease breach cases must grant a 30 day stay to allow a cure (N.Y. RPAPL § 753). Depositing the rent due and costs before a warrant is issued also stays the case (N.Y. RPAPL § 751).
Lockouts and utility shutoffs
Using force, cutting essential services, removing belongings or doors, or changing locks without giving a key is illegal in New York, with civil penalties of $1,000 to $10,000 per violation (N.Y. RPAPL § 768). A tenant removed unlawfully can recover treble damages (N.Y. RPAPL § 853). In New York City, tenants who are locked out can call the police or bring an illegal lockout case in Housing Court (NYC HPD, Tenants rights and responsibilities). Retaliation within a year of a good faith complaint is presumed in most buildings (N.Y. Real Prop. Law § 223-b).
Free lawyers in New York City
New York City’s right to counsel program offers free legal services in every ZIP code. Call 311 and ask for the Tenant Helpline, or call Housing Court Answers at 718.557.1379 (NYC Human Resources Administration, Legal services for tenants).
Free help in New York City
Call 311 and ask for the Tenant Helpline, or call Housing Court Answers at 718.557.1379 (NYC Human Resources Administration, Legal services for tenants). For rental assistance, call 211 (211.org).
Fair housing
The federal Fair Housing Act prohibits discrimination in rental terms because of race, color, religion, sex, familial status, national origin, or disability (42 U.S.C. § 3604). HUD accepts complaints (HUD, File a Complaint).
What to do the day you get a notice
- Read the notice and write down the deadline, the amount claimed, and the reason given.
- Check the amount against your own records, and gather receipts or bank statements for every payment.
- Contact a legal aid office or tenant hotline right away, before the deadline passes.
- If you can pay, pay in a way that creates a record, and ask for a written receipt.
- If you need rental assistance, call 211 and ask about emergency rent programs.
- Do not move out or stop paying future rent without advice; either can hurt your case.
Preparing for your hearing
- Arrive early or log in early, and bring photo identification.
- Bring your lease, the notice, your payment records, and photos of any repair problems.
- Bring copies of every message with your landlord, organized by date.
- Write a short timeline of what happened so you can explain it clearly.
- Ask the court about mediation, interpreters, or a self help center if you need them.
Missing a hearing usually leads to a default judgment, so contact the court in advance if you have an emergency.
Talking with your landlord
Many evictions end in an agreement rather than a judgment. If you can catch up on rent over time, propose a specific payment plan in writing. If you plan to move, ask for a written agreement that sets a move out date, says how the deposit will be handled, and says whether the landlord will dismiss the case. Never rely on a verbal promise, and read any court agreement carefully before you sign it.
Frequently asked questions
How long does an eviction take in New York City?
The minimum periods include a 14 day rent demand, service 10 to 17 days before the hearing, and a 14 day warrant notice (N.Y. RPAPL § 711; N.Y. RPAPL § 733; N.Y. RPAPL § 749), and courts can grant stays (N.Y. RPAPL § 753).
Can I stop a nonpayment eviction by paying?
Yes. The landlord must accept full rent tendered before the hearing, and the court must vacate the warrant on payment of the full rent due unless rent was withheld in bad faith (N.Y. RPAPL § 731; N.Y. RPAPL § 749).
Can I get a free lawyer?
Free legal services are available in every ZIP code; call 311 and ask for the Tenant Helpline (NYC Human Resources Administration, Legal services for tenants).
Legal notice
Homzora is not a law firm and does not provide legal advice. Laws, court rules, and local programs change, and how they apply depends on your facts. Before you act on anything in this article, confirm the current rules with the court, a licensed attorney, or a legal aid organization.
Sources
- U.S. Census Bureau QuickFacts, New York City
- N.Y. RPAPL § 711
- N.Y. Real Prop. Law § 235-e
- N.Y. RPAPL § 749
- NYC Human Resources Administration, Legal services for tenants
- N.Y. RPAPL § 733
- N.Y. RPAPL § 732
- N.Y. Real Prop. Law § 226-c
- NYC HPD, Good Cause Eviction
- N.Y. Real Prop. Law § 216
- N.Y. Real Prop. Law § 214
- NYS Homes and Community Renewal, Fact Sheet 4, Lease renewal in rent stabilized apartments
- N.Y. RPAPL § 731
- N.Y. RPAPL § 743
- N.Y. RPAPL § 753
- N.Y. RPAPL § 751
- N.Y. RPAPL § 768
- N.Y. RPAPL § 853
- NYC HPD, Tenants rights and responsibilities
- N.Y. Real Prop. Law § 223-b
- 211.org
- 42 U.S.C. § 3604
- HUD, File a Complaint