New York Eviction Process for Landlords

To evict a tenant in New York, you must win a court case and have a city marshal or sheriff carry out the court's warrant. For unpaid rent, you send a certified-mail notice once rent is 5 days late, then a 14-day written rent demand, and then file a nonpayment case. For other grounds, you must meet the applicable notice requirements before filing a holdover case; lease expiration alone does not end a rent-stabilized tenant's renewal rights. In New York City and towns that opted in, the Good Cause Eviction law also requires a legal reason to evict or to refuse a renewal.

Nonpayment or holdover: which case do you file?

New York has two kinds of eviction case, and each has its own notice. Both are "summary proceedings," fast-track cases under the Real Property Actions and Proceedings Law (RPAPL).

If Good Cause covers the unit, a qualifying lease violation also requires written notice giving the tenant 10 days after receipt to stop the violation. You may file on that ground only if it remains uncured.

A nonpayment case can recover only rent. State law bars you from seeking late fees, legal fees, or other charges in either kind of case, even if the lease calls them "additional rent." Sue for those separately or deduct them from the deposit as allowed in New York security deposit rules.

Steps in a nonpayment case

1. Send the late-rent notice. If you have not received rent within 5 days of the due date, Real Property Law section 235-e requires you to tell the tenant in writing, by certified mail, that you have not received it. Skipping this notice gives the tenant a defense to the case.
2. Serve a 14-day rent demand. RPAPL section 711 requires a written demand giving the tenant at least 14 days to pay the rent or give up possession. It must be served the same way as court papers: handed to the tenant or left with a person of suitable age and judgment who lives or works at the property. Posting on the door is allowed only after reasonable attempts at personal or substitute delivery fail. For substitute or posted delivery, also mail copies to the tenant by both regular first-class mail and registered or certified mail within one day. State the amount and the months it covers.
3. Attach the Good Cause notice. The rent demand must include the state Good Cause notice saying whether the unit is covered by the law and, if not, which exemption applies. Exempt landlords still have to include it.
4. File the petition in the court for the property's location once the 14 days pass without payment. Include the Good Cause applicability or exemption notice with the petition, even for an exempt unit.
5. Serve the notice of petition and petition. In New York City, the tenant has 10 days after service to answer. If the tenant answers, the clerk sets a hearing date 3 to 8 days after the answer under RPAPL section 732. In courts that do not use section 732, serve the papers at least 10 and no more than 17 days before the hearing date.

The tenant can still stop a nonpayment eviction late in the case. If the tenant pays or deposits the full rent due before the marshal or sheriff carries out the warrant, the court must cancel the warrant unless you prove the tenant withheld rent in bad faith.

Steps in a holdover case

Rent-stabilized tenants generally have a right to renew. Lease expiration and an ordinary nonrenewal notice do not supply grounds to evict them. You need a permitted ground, the notices required for that ground, and, in some cases, approval from the Division of Housing and Community Renewal (DHCR) before filing in court.

For a tenancy outside rent stabilization that you may lawfully decline to renew, including a month-to-month tenancy, give written notice under Real Property Law section 226-c. Include the Good Cause applicability or exemption notice, even for an exempt unit; for a covered unit, state the lawful reason for nonrenewal. The period depends on the tenant's total time in the unit or the lease term, whichever is longer.

If you give the notice late, the tenancy continues on its current terms until the full period has run from the date you actually gave notice. You cannot shorten these periods in the lease. The same notice periods apply if you offer a renewal with a rent increase of 5% or more. For the mechanics of ending a periodic tenancy, see how to end a month-to-month rental agreement.

After the notice period ends and the tenant stays, file the holdover petition with the Good Cause applicability or exemption notice, even for an exempt unit, and serve it on the same 10-to-17-day schedule. If the case is based on a lease violation and you win, the court must give the tenant 30 days to fix the violation before the warrant can be carried out.

Does Good Cause Eviction cover your unit?

Good Cause Eviction took effect in New York City on April 20, 2024, and applies to cases filed on or after that date. Other cities, towns, and villages can adopt it. For a covered unit, you can evict or refuse to renew only for a listed reason, such as:

• Nonpayment of rent, unless the unpaid amount comes from an unreasonable rent increase
• A lease violation, nuisance, serious damage, or illegal use
• Unreasonably refusing access for repairs or showings
• You or a close family member moving in (not available against a tenant who is 65 or older or has a disability)
• Demolition or taking the unit off the rental market
• The tenant refusing reasonable lease changes, including a rent increase that is not unreasonable

The rent-increase presumption. An increase above the "local rent standard," 5% plus annual inflation, capped at 10%, is presumed unreasonable. For 2026, HPD puts the New York City standard at 8.38%. On a $2,000 rent, that allows up to $2,167.60 without the presumption. You can still justify a larger increase in court with documented costs such as higher property taxes or significant repairs, but you cannot evict for nonpayment of an unreasonable increase.

Common exemptions. The law does not cover owners of 10 or fewer units anywhere in the state (counting each person who owns part of an LLC), owner-occupied buildings with 10 or fewer units, rent-stabilized units, condos and co-ops, buildings issued a temporary or permanent certificate of occupancy on or after January 1, 2009 (for 30 years from issuance), and units renting above the local high-rent threshold. That threshold is 245% of HUD's fair market rent in New York City; opt-in municipalities can set a different percentage. Check DHCR's 2026 notice and the local law for your municipality's threshold. Opt-in towns can set a lower small-landlord cutoff. The full list and the 2026 figures are in New York rent increase rules.

Housing Court, right to counsel, and stays

In New York City, eviction cases are heard in Housing Court. Under the city's Right to Counsel law, tenants with household income at or below 200% of the federal poverty level get a free lawyer, and other tenants get brief legal help. Before filing, review open violations and work orders against New York maintenance and repair obligations.

Statewide, a judge can delay the eviction after you win. The court can stay the warrant for up to one year if the tenant cannot find comparable housing nearby or would suffer extreme hardship, such as serious illness or a child enrolled in a local school. The tenant must pay the rent for the stay period, and the court weighs any hardship the delay causes you. A stay is not available in a holdover case where you prove the tenant is objectionable.

Carrying out the eviction

After judgment, the court issues a warrant of eviction to a city marshal in New York City or to a sheriff or constable elsewhere. The officer must serve the tenant with at least 14 days' written notice before carrying it out, and the eviction itself must happen on a business day between sunrise and sunset. You cannot remove the tenant or their belongings yourself.

What counts as an unlawful eviction?

RPAPL section 768 protects anyone who has lived in a unit for 30 consecutive days or has a lease. Without a court warrant, it is illegal to:

• Use or threaten force to make the occupant leave
• Cut off heat, water, or other essential services
• Remove the occupant's belongings or the entrance door
• Change or disable the lock without giving the occupant a key

An intentional violation is a class A misdemeanor. Each violation also carries a civil penalty of $1,000 to $10,000. If you fail to let the occupant back in after a request, an added penalty of up to $100 a day applies, for up to six months. For how New York's process compares with general eviction steps, see the steps for eviction proceedings.