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How eviction works in New York: from notice to court to the marshal

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

In short

In New York, a landlord can only evict you through a court case called a summary proceeding, under Article 7 of the Real Property Actions and Proceedings Law. It usually starts with a notice (a 14-day rent demand for unpaid rent, or a notice ending the tenancy), then court papers with a hearing date. You can answer and raise defenses. If the landlord wins, the court issues a warrant, and a sheriff, marshal or constable must give you at least 14 days' written notice before removing you. Along the way you may be able to pay what's owed, get more time, or ask for a stay of up to a year.

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

In plain words

Summary proceeding
The fast court case used for evictions. 'Nonpayment' cases are about unpaid rent; 'holdover' cases are about other reasons, such as staying after a lease ends.
Petitioner / respondent
The landlord who brings the case is the petitioner; you, the tenant, are the respondent.
Judgment of possession
The court's decision that the landlord is entitled to get the apartment back.
Stay
A court order pausing the eviction for a period of time.

Where to go

Eviction cases are heard in the local court where the property is located: a city, district, county, town or village court (RPAPL § 701). In New York City, they're heard in Housing Court, part of the NYC Civil Court, with locations in each borough. The court and address are printed on your court papers.

In New York City, free lawyers from the Right-to-Counsel program are available in Housing Court; you can ask for one at your first appearance, call Housing Court Answers, or call 311 and ask for the Tenant Helpline.

What documents you need

  • The court papers you received (notice of petition and petition) and any earlier notices.
  • Your lease and any renewal leases or notices.
  • Proof of rent payments: receipts, bank statements, money order stubs.
  • Evidence for your defenses: repair requests, photos, inspection reports, letters about complaints.
  • If you may ask for more time: proof of income, health problems, children's school enrollment, and your search for another home.

Fees and costs

  • Ask the court clerk whether any fee applies to what you're filing. If you can't afford a court fee, you can ask the court to waive it.
  • In a nonpayment case, the landlord can seek only rent, not late fees or other charges (RPAPL § 702).
  • If your lease lets the landlord recover attorneys' fees, the law gives you the same right if you win, and a landlord can't recover attorneys' fees on a default judgment (Real Property Law § 234).
  • In New York City, after repeated adjournments requested by the tenant, the court may order you to deposit future rent with the court while the case continues, unless you have certain defenses, such as serious housing code violations (RPAPL § 745(2)).
  • If you get a stay of up to a year, you'll usually have to deposit rent for that time (§ 753(2)).

Deadlines

  • Rent demand: at least 14 days' written notice before a nonpayment case (§ 711(2)).
  • Ending a tenancy: 30, 60 or 90 days' notice, depending on how long you've lived there (Real Property Law § 226-c).
  • Court papers: generally served at least 10 and no more than 17 days before the hearing (§ 733(1)). In nonpayment cases, some courts follow § 732 instead, which can require you to answer with the clerk within 10 days of service; your papers will say so.
  • Adjournment: at your first appearance, either side can ask that the trial be put off at least 14 days (§ 745(1)).
  • Breach of lease cases: if you lose, the court must give you 30 days to correct the breach before the warrant issues (§ 753(4)).
  • Warrant: at least 14 days' written notice from the officer before the eviction (§ 749(2)).

Step by step

  1. The landlord serves a notice

    For unpaid rent, a written 14-day demand that includes the Good Cause Eviction notice (§ 711(2)). For other cases, a notice of termination or non-renewal, or in Good Cause units a 10-day notice to cure a claimed violation (Real Property Law § 216(1)(b)).

  2. The landlord files the case

    The court issues a notice of petition. Only an attorney, judge or the court clerk can issue it, not the landlord personally (§ 731(1)).

  3. You answer

    You can answer orally or in writing at the hearing, and raise any legal or equitable defense or counterclaim (§ 743), unless your court uses § 732's 10-day answer rule for nonpayment cases.

  4. Paying can end a nonpayment case

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

  5. Hearing or trial

    Either side can demand a jury when the petition is heard (§ 745(1)). Many cases end in a written settlement, called a stipulation. Read it carefully before signing.

  6. Judgment and warrant

    If the landlord wins, the court issues a warrant naming the earliest date it can be carried out (§ 749(1)).

What happens next

A sheriff, marshal or constable must serve you a written notice at least 14 days before removing you, and can carry out the eviction only on a business day between sunrise and sunset (§ 749(2)). Until then you still have options: in a nonpayment case, the court must cancel the warrant if you pay or deposit the full rent owed before it's carried out, unless the landlord proves you withheld it in bad faith (§ 749(3)). You can ask for a stay of up to one year if you can't find a similar home nearby or would face extreme hardship (§ 753(1)), and the court can stay or vacate the warrant for good cause, even restoring you after an eviction (§ 749(3)).

If you win, the case is dismissed and you stay. If the landlord tries to remove you without going through these steps, that is an unlawful eviction (§ 768).

Frequently asked questions

How long does an eviction take in New York?

There's no fixed length. The required notices alone take at least 14 days for unpaid rent, or 30 to 90 days for a tenancy ending, then the court process, the possibility of adjournments and stays, and the officer's 14-day notice. Many cases take months.

What if I miss my court date?

The court may enter a default judgment against you. If that happens, contact the court and a legal services office right away; there are ways to ask the court to reopen a default.

If my landlord accepts rent during a holdover case, is the case over?

Not by itself. When the case is about staying after the lease ended, the landlord's acceptance of rent after the case starts doesn't end the proceeding (RPAPL § 711(1)). Keep paying, and keep proof of every payment.

Does the Good Cause law stop my eviction?

If your unit is covered, the landlord must prove one of the reasons listed in Real Property Law § 216, such as nonpayment of rent that isn't due to an unreasonable increase, or a violation you didn't cure after a 10-day notice. Many units are exempt; your landlord's notice must say whether yours is covered.

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Official sources

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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.