In New York, a landlord cannot simply change the locks or put your things on the curb. Eviction runs through the courts as a summary proceeding under Article 7 of the state's Real Property Actions and Proceedings Law (RPAPL). For unpaid rent, the landlord must first serve a written 14-day rent demand before filing a nonpayment case. Most other evictions, including the end of a tenancy or a serious lease breach, proceed as a holdover case. These cases are heard in New York City Housing Court (a part of the Civil Court of the City of New York) inside the five boroughs, and in the local District Court, City Court, or Town/Village Justice Court elsewhere in the state. Only a judge can order you out, and only a city marshal (in NYC) or county sheriff can physically remove you.
The Notice That Must Come First
New York requires written notice before a case can be filed, and the type depends on why the landlord wants you out:
- Nonpayment of rent: a 14-day rent demand (a written notice giving you at least 14 days to pay or leave). This longer period came in with the Housing Stability and Tenant Protection Act of 2019, which replaced the old 3-day demand.
- Ending a tenancy (no lease or expired lease, no fault): the required notice grows with how long you have lived there. Under RPAPL 226-c, the landlord generally must give 30 days if you have occupied less than a year, 60 days if one to two years, and 90 days if two years or more.
- Lease violation other than rent: the landlord usually serves a notice to cure (commonly 10 days to fix the problem) and, if it is not cured, a notice of termination before filing a holdover.
The exact days and wording matter. A defective or improperly served notice is one of the most common reasons judges dismiss eviction cases in New York.
Filing the Case in Court
If the notice period passes and the issue is not resolved, the landlord files a petition and a notice of petition with the court. You must be served with these papers, and the notice of petition sets a court date (the return date). New York law builds in time here: the return date is typically set at least 10 to 17 days out, depending on how you were served and the type of case.
Filing the petition is the formal start of the lawsuit. Until a judge signs an order, you remain a legal tenant with the right to stay.
Your Court Date and the Right to Fight It
You have a real opportunity to defend yourself, and you do not need a lawyer to show up. On or before the return date you can file an answer raising defenses, such as:
- You actually paid, or the rent demanded is wrong or includes improper charges.
- The notice was defective or never properly served.
- The landlord failed to make repairs or the apartment is not in livable condition (a warranty of habitability claim).
- The eviction is retaliatory or discriminatory.
New York courts routinely grant adjournments (postponements), and tenants can ask for time to gather documents or get counsel. In nonpayment cases you generally have the right to stop the eviction by paying what is owed, sometimes even after a judgment. Many courts and legal aid groups offer help on the day of court, and in New York City many tenants facing eviction qualify for a free attorney under the city's Right to Counsel program. If you have a possible defense, money at stake, or a long tenancy, talking to a tenant attorney or legal aid office is usually worth it.
Judgment, Warrant of Eviction, and the Lockout
If the landlord wins (by default, settlement, or trial), the court issues a judgment of possession and then a warrant of eviction. New York uses the term "warrant of eviction" rather than "writ of possession." The warrant is what authorizes a marshal or sheriff to remove you.
Even after the warrant issues, you get one more layer of protection: the marshal or sheriff must serve a 14-day notice before carrying out the eviction. During that window you may be able to ask the court to stay (pause) the eviction, and judges have discretion to grant additional time for hardship. Only after that notice expires can the officer perform the lockout.
How Long It Really Takes
On paper, the steps add up to roughly two months: 14 days of notice, a couple of weeks to the court date, then the post-judgment 14-day notice. In practice, New York eviction cases often take much longer, especially in busy New York City Housing Court, where adjournments, settlement negotiations, repair issues, and court backlogs can stretch a case to several months or more. Cases involving rent-stabilized apartments, public housing, or pandemic-era protections can take longer still.
Self-Help Eviction Is Illegal
It is worth repeating because landlords still get this wrong: in New York, a landlord may not change the locks, remove your belongings, shut off heat or utilities, or threaten you to force you out. Doing so is an unlawful eviction and can be a crime, and a tenant illegally removed can ask a court to be restored to the apartment and may recover damages. The lawful path is always court first, then a marshal or sheriff.
This is a plain-English overview, not legal advice. New York landlord-tenant law changes, and rules can differ by city and county, with extra protections for rent-regulated apartments and specific NYC programs. Confirm the current requirements for your situation or speak with a New York tenant or landlord attorney, your local Housing Court help center, or a legal aid organization before you act.
Frequently asked questions
How many days notice does a New York landlord give for unpaid rent?
For nonpayment, the landlord must serve a written 14-day rent demand before filing a case. This gives you at least 14 days to pay the rent owed or move out. The 14-day period replaced the older 3-day demand under the 2019 Housing Stability and Tenant Protection Act. If you pay what is owed, you can usually stop the case.
What court handles evictions in New York?
Eviction cases are summary proceedings under the RPAPL. In the five boroughs they are heard in New York City Housing Court, a part of the Civil Court of the City of New York. Elsewhere in the state, they go to the local District Court, City Court, or Town or Village Justice Court depending on where you live.
What is a warrant of eviction in New York?
After a landlord wins, the court issues a judgment of possession and a warrant of eviction. New York uses 'warrant of eviction' rather than 'writ of possession.' Before executing it, a city marshal (in NYC) or county sheriff must give you a 14-day notice. Only that officer can legally remove you from the apartment.
How long does an eviction take in New York?
The required notices and court dates total roughly two months at a minimum. In reality, cases often take several months or more, especially in New York City Housing Court, because of adjournments, settlement talks, habitability claims, and court backlogs. Rent-stabilized and subsidized housing cases can take even longer.
Can a New York landlord lock me out without going to court?
No. A landlord cannot change the locks, remove your belongings, or cut off utilities to force you out. That is an unlawful eviction and can be a crime in New York. A tenant who is illegally locked out can ask a court to be restored to the home and may recover damages. Court first, then a marshal or sheriff, is the only legal route.
Do I need a lawyer to fight an eviction in New York?
You can represent yourself and file an answer raising defenses, but a lawyer or legal aid often helps, especially if you have a defense, a long tenancy, or money at stake. Many New York Housing Courts have help centers, and in New York City many tenants facing eviction qualify for a free attorney under the city's Right to Counsel program.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
