Renting & housing · What to do now

Got an eviction notice in New York? What it means and what to do now

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Don't panic and don't move out: in New York, only a court can order an eviction, and only a sheriff, marshal or constable can carry it out after a judgment. First identify the paper: a 14-day rent demand, a notice ending your tenancy, court papers (a notice of petition and petition), or a marshal's 14-day notice. Each has its own deadline. Never ignore court papers: missing the court date can lead to a default judgment. Paying all the rent owed can end a nonpayment case. In New York City, free lawyers are available to tenants facing eviction.

Read on for the details, the exceptions and the sources.

In plain words

Rent demand
A written demand to pay the rent or leave, with at least 14 days' notice. It must come before a nonpayment case.
Notice of petition and petition
The court papers that start an eviction case. They say why the landlord is suing and when to appear.
Holdover case
An eviction case for a reason other than unpaid rent, such as staying after the lease ended.
Warrant of eviction
The court order an officer uses to remove you after the landlord wins. The officer must give you 14 days' written notice first.

Which notice did you get?

  • A 14-day rent demand: the landlord asks for unpaid rent or possession. It's required before a nonpayment case and must include the Good Cause Eviction notice (Real Property Actions and Proceedings Law § 711(2)).
  • A certified-mail late notice: if rent wasn't received within five days of the due date, the landlord must send one (Real Property Law § 235-e(d)). It isn't an eviction notice.
  • A notice of non-renewal or termination: the landlord says your tenancy will end. It must give 30, 60 or 90 days, depending on how long you've lived there (Real Property Law § 226-c).
  • A 10-day notice to cure: for Good Cause units, a claimed lease violation must be put in writing with 10 days to fix it (Real Property Law § 216(1)(b)).
  • Court papers: a notice of petition and petition with a court date. This is a lawsuit, and you must respond.
  • A marshal's or sheriff's notice: the landlord already has a judgment and warrant. You have at least 14 days' written notice before the eviction (RPAPL § 749(2)).

Step by step

  1. Don't leave and don't ignore it

    Only a court can order an eviction. A landlord who changes the locks, removes your things or shuts off services to force you out is breaking the law (RPAPL § 768).

  2. Write down the dates

    Note when you received the notice and how (by hand, mail, taped to the door). The deadlines run from these dates.

  3. If it's a rent demand, check the amount and pay if you can

    If you pay the full rent before the court hearing, the landlord must accept it, and the nonpayment case becomes moot (RPAPL § 731(4)).

  4. If it's court papers, respond on time

    Read them right away. In a nonpayment case, some courts require you to answer with the clerk within 10 days of service (RPAPL § 732); in others you answer, orally or in writing, at the hearing (§ 743). The notice of petition tells you which.

  5. Go to court on the date

    Bring your documents. At your first court date you can ask for an adjournment of at least 14 days to prepare (§ 745(1)). In NYC, tell the court you would like a lawyer.

  6. If you lose, act before the warrant is carried out

    In a nonpayment case, the court must cancel the warrant if you pay the full rent owed before the eviction, unless the landlord shows you withheld rent in bad faith (§ 749(3)). You can also ask for a stay of up to a year for hardship (§ 753).

What to check

  • Is the rent demand at least 14 days, and does the amount include only rent? Late fees and other charges can't be sought in an eviction case (RPAPL § 702).
  • Did you get the certified-mail late notice? If not, that may be a defense in a nonpayment case (§ 235-e(d)).
  • Was a non-renewal notice given with enough days for your length of tenancy (§ 226-c)?
  • Is your unit covered by Good Cause? If so, the landlord needs one of the reasons listed in § 216 to evict you.
  • Is your apartment rent-stabilized or rent-controlled? Different rules on renewal and eviction apply.
  • Did you complain about conditions, or join a tenants' group, in the past year? Retaliation is a defense (§ 223-b).

What you may be owed

  • If the apartment had serious repair problems, you may be able to ask for a rent reduction as a defense or counterclaim (Real Property Law § 235-b; RPAPL § 743).
  • If late fees or other charges were included in the case, they may be struck, since only rent can be sought (RPAPL § 702).
  • If the landlord is acting in retaliation, the case could be dismissed, and you might be able to recover damages and attorneys' fees (§ 223-b).
  • If your lease lets the landlord recover attorneys' fees, you may have the same right if you win (Real Property Law § 234).
  • If you were locked out or forced out without a court order, you could be entitled to be put back in and to triple damages (RPAPL §§ 768, 853).

Documents to gather

  • The notice or court papers, and the envelope
  • Your lease and any renewals
  • Proof of every rent payment
  • Repair requests, photos and any inspection reports
  • Letters, texts and e-mails with the landlord
  • Proof of income or hardship if you may ask for a stay or rental assistance

When to get help

As soon as you receive court papers, or earlier if you can. In New York City, tenants facing eviction in Housing Court can get free legal help under the Right-to-Counsel program regardless of immigration status: say 'I would like an attorney' at your first court date, call Housing Court Answers, or call 311 and ask for the Tenant Helpline.

Outside New York City, contact a legal aid or legal services office near you. Get help right away if a marshal's notice has arrived, since the time to act is short.

Frequently asked questions

Can my landlord put me out without going to court?

No. A tenant or lawful occupant can be removed only through a court proceeding (RPAPL § 711), and only a sheriff, marshal or constable can carry out a warrant (§ 749). Self-help evictions are illegal under § 768.

How long do I have after the marshal's notice?

The officer must give at least 14 days' written notice before carrying out the warrant, and may only do it on a business day between sunrise and sunset (RPAPL § 749(2)).

Can I stop a nonpayment eviction by paying?

Usually yes. Paying the full rent before the hearing makes the case moot (§ 731(4)). After a judgment, the court must cancel the warrant if you pay or deposit the full rent owed before the eviction, unless the landlord proves you withheld the rent in bad faith (§ 749(3)).

Can I get more time to move?

You can ask the court to stay the warrant for up to one year if you can't find a similar place nearby or would face extreme hardship. The court weighs things like health and children's schools, and you'll likely have to deposit rent for that time (RPAPL § 753).

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

Related questions

This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.