New York Eviction Process

How to Evict a Tenant in New York (10 Steps)

Step 1 – Write Notice

Choose the correct notice for the eviction reason and detail whether the offense is curable. You can use a New York eviction notice template to more easily ensure you follow all state regulations.

Step 2 – Serve Notice to Tenant

Landlords must serve the tenant with the notice in a way that ensures the tenant is actually notified. The following methods are accepted by state law:

• Hand delivery to the tenant.
• Hand delivery to a person of suitable age who resides with the tenant, along with sending the notice by both first class and registered or certified mail.
• If the first two options fail, posting the notice in a conspicuous place on the premises or under the door along with sending the notice by both first class and registered or certified mail.

Step 3 – Wait Out Notice Period

You must honor the proper notice period for the specific eviction reason. If the tenant does not pay the rent, fix a curable lease violation, or move out within the given time period, proceed to step four.

Step 4 – File Lawsuit

You can file a lawsuit with the local district court or housing court (NYC only) for the jurisdiction where the property is located. Filing fee amounts vary from court to court.

Step 5 – Arrange for Tenant To Be Served

It is your responsibility to arrange for the tenant to be served with the complaint and summons (in New York, the petition and notice of petition) within 10 to 17 days prior to the hearing. Anyone who is at least 18 years old and is not involved in the case may be the process server.

They can serve the tenant by any of the same three methods by which the original eviction notice can be served. Note that a tenant cannot be served on Sundays or their religious observance days.

Step 6 – Tenant May Respond

Only for evictions relating to rent nonpayment must the tenant respond within 10 days of receiving the complaint and summons. If they do not respond, the court can automatically rule in your favor.

Once the court receives a tenant response for a rent nonpayment case, a hearing will be set for three to eight days later. To stop the proceedings, the tenant can pay what they owe the landlord in full at any time prior to the hearing.

Step 7 – Appear in Court

For any reason outside of rent nonpayment, a tenant can only contest an eviction during their scheduled court hearing. The hearing must be held within 10 to 17 days after the tenant is served with the complaint and summons. However, either you or the tenant can request a postponement up to 14 days.

If the tenant fails to appear in court, the judge may rule in your favor automatically. If the tenant is able to prove that you did not follow the correct eviction procedure, you may lose the case and face penalties.

Step 8 – Warrant of Eviction Is Issued

If you win the eviction case, you can ask for a warrant of eviction to be issued at the hearing. This is the tenant’s final notice to leave the premises before being forcibly removed by law enforcement.

After receiving the warrant of eviction, tenants have a 14-day period to move out. If the eviction is for rent nonpayment, they will only have 10 days. However, a tenant who is being evicted for rent nonpayment can still pay what’s due within this time period to avoid eviction.

Step 9 – The Court May Grant a Stay of Execution

The court can grant a stay of execution to help the tenant avoid any extreme hardship caused by moving out. This could include situations like:

•  Serious illness.
• A child changing schools.

If granted, a stay of execution can last up to a year.

Step 10 – Repossess the Property

Once the tenant moves out either willingly or removed forcibly by law enforcement, the property and all keys will be returned to your possession.

Eviction Reasons

Landlords can evict tenants for a number of valid reasons. Three of the most common examples are:

• Rent nonpayment.
• Violating the lease’s rules.
• Illegal activity on the premises.

The three examples above are known as “at-fault” reasons, in which the tenant’s actions directly lead to the request to leave the property. Landlords may also evict for “no-fault” reasons, in which the eviction is caused by the landlord’s decisions rather than the tenant’s actions.

At-Fault Evictions

If the tenant is at fault for the eviction, their offense can be either “curable” or “incurable” A curable offense can be fixed by an action or payment from the tenant. An incurable offense means the tenant must vacate the premises without any option to solve the issue.

1. Failure To Pay Rent

Overview:

• Used if the tenant doesn’t pay rent on time.
• Curable.
• Eviction requires a 14-day notice to pay or quit.
• See N.Y. Real Prop. Law § 711.

There is a five-day grace period for late rent. If a tenant does not pay rent by the end of the grace period, then a landlord can serve them with a 14-day notice to either pay what they owe or move out.

2. Violating the Rental Agreement

Overview:

• Used if the tenant breaks the rules of the lease agreement.
• Curable.
• Eviction requires a 30-day notice to quit.
• See N.Y. Real Prop. Law § 753.

Any time a tenant violates one of the terms set by the lease agreement, they may be served with a 30-day notice to fix the problem. If they don’t solve the issue within that time, the landlord can move forward with the eviction process.

Examples of common lease violations include:

• Hosting a pet or guest without the landlord’s knowledge and consent.
• Illegally parking in an unauthorized area, especially repeatedly.
• Failing to maintain an acceptable level of cleanliness within the rental unit.

3. Illegal Activity

Overview:

• Used if the tenant commits criminal acts on the property.
• Incurable.
• Eviction requires no notice.
• See N.Y. Real Prop. Law § 711.

If a tenant is caught committing illegal activity on the premises, their landlord may file for eviction without any notice. Examples of criminal activity that can lead to eviction mentioned in New York law include:

• Conducting unlawful sex work on the premises.
• Using the rental unit as a “bawdy house”.
• Running an illegal business from the property.

No-Fault Evictions

A landlord may file for a no-fault eviction due to circumstances like:

• Wanting to move into the unit themselves.
• Needing to complete extensive renovations.
• Deciding to convert the property into something else.
• Selling the property to someone else with other plans for it.

Landlords may not evict tenants during a lease without proper cause. To end or not renew a lease with a good tenant, landlords must follow the rules set by N.Y. Real Prop. Law § 226-C.

1. How To End a Month-to-Month Tenancy

Overview:

• This method is used to end a month-to-month tenancy without cause.
• The notice time period depends on how long the tenant has been living at the property.

For a periodic or month-to-month tenancy, the landlord must give proper notice to terminate the tenancy without cause. The correct notice periods are as follows:

• For tenants living there for a year or less, 30 days.
• For tenants living there between one and two years, 60 days.
• For tenants living there for more than two years, 90 days.

2. How To End a Fixed-Term Lease

Overview:

• No notice is required unless otherwise stated in the lease.
• The landlord can evict after the lease expires.

Once a lease expires, a tenant who remains on the property is called a “holdover.” When dealing with holdover tenants, landlords can file for eviction without notice.

Eviction Timeline

Tenant Rights in New York

Both “self-help” and “retaliatory” evictions are illegal in the state of New York. Landlords cannot try to complete evictions by any means other than the legal process outlined by state law. Also, the reasons behind an eviction must be just and not for personal revenge.

Self-Help Evictions

Per N.Y. Real Prop. Law § 768, landlords cannot commit self-help acts like:

• Locking the tenant out of the property.
• Shutting off utilities.
• Removing doors to the unit.
• Taking the tenant’s belongings out of the property.

These and any other acts to force the tenant out without the proper processes and authorities are illegal. If proven in a court of law, a landlord who has committed these or similar acts could be required to pay the tenant between $1,000 and $10,000 as a civil penalty.

Retaliatory Evictions

N.Y. Real Prop. Law § 223-B also prohibits evictions in response to a legally protected tenant right. Protected tenant actions include:

• Requesting maintenance from the landlord.
• Complaining about health and safety issues to the proper authorities.
• Joining a tenant’s union or organization.

In response to these and similar actions, landlords are not permitted to:

• Attempt eviction without going through the formal eviction process.
• Raise rent.
• Withhold utilities.

Abandoned Property

There is no law in New York specifically for the abandoned personal property of tenants after eviction. Landlords in the state should check local laws and court cases regarding tenants’ abandoned personal property for guidance. 

As this is a legal gray area, the more context a landlord can gather about how their specific area applies abandoned property law to tenants’ belongings after evictions, the better.

Resources

• New York eviction overview from the New York State Homes and Community Renewal organization.
• The New York Unified Court System’s self-help guide to evicting a tenant in New York.
• Eviction prevention information from the New York City Housing Preservation & Development Department.