New York eviction laws may vary from district to district in terms of court procedures and fees. Other than that, they generally follow the same eviction process:
No eviction process is the same. One of the factors that affects the process is the lease/rental agreement. Landlords should stick by the rules to increase their odds of winning an eviction case.
New York enacted new eviction laws such as the Good Cause Eviction Law (Good Cause). Here's more information about these new laws when evicting a tenant in New York.
Make sure to confirm procedures with your district to avoid mistakes and confusion.
New York introduced a new eviction law to help protect renters. This law, known as the "Good Cause Eviction Law," makes it harder for landlords to evict tenants without good reason.
Let's discuss the key points.
First, owners must have a valid reason, or "good cause," to evict a tenant. This includes situations like not paying rent or causing significant damage to the property.
The new law also protects tenants from unfair rent increases. If an owner wants to raise the rent by more than 5%, they must provide a good reason and give the tenant the chance to challenge the increase in court.
Tenants now have more rights when it comes to renewing their leases in New York. Owners cannot refuse to renew a lease without a good cause. This gives tenants more stability and protection.
Tenants can also challenge evictions and rent increases in court, and owners must prove they have a good cause. This helps ensure that tenants are treated fairly and have a chance to defend themselves.
With this law in place, it's important to understand valid reasons why a tenant can be evicted.
Rent in New York is considered late a day past its due date. The lease/rental agreement may state a longer grace period.
Before a landlord can try to evict a tenant for nonpayment of rent, they are required to send a letter to the tenant via certified mail (not e-mail).
This letter must be sent at least five days past the due date to inform the tenant that the landlord has not received rent yet.
If the tenant confirms that rent is still unpaid or does not reply, the landlord may proceed with a written 14-Day Notice to Pay to begin the eviction process.
In the case that the tenant pays the rent or moves out of the property within fourteen days, then the eviction process does not continue.
If they still haven’t paid rent and continue living in the property by the end of the fourteen days, the landlord can continue with the eviction lawsuit.
In the state of New York, landlords may charge a late fee for the late rent payment. They may only do so after the statewide grace period of five days.
The lease/rental agreement should say that any late rent payments will result in a late fee. Late fees should not go beyond $50 or 5% of the rent, whichever is less.
The rental/lease agreement has to be upheld by both the tenant and landlord for the entire duration of the tenant’s stay. Agreements may vary from tenant to tenant.
If the tenant violates any terms from the rental/lease agreement, the landlord must issue a 10-Day Notice to Comply. If the tenant resolves the issues on time, the eviction process does not continue.
Lease violations may include:
If the tenant fails to resolve the violations after the initial ten days, the landlord must give them a second notice called a 30-Day Notice to Quit.
The tenant can no longer resolve the violations and must vacate the property. This notice informs them of the end of their lease/rental agreement.
If the tenant continues living in the rental property after thirty days, the eviction process continues.
In New York, if a tenant has engaged in illegal behavior within the property, the landlord is not obliged to give them a written notice. The landlord can proceed with the eviction process immediately.
Examples of illegal activities are:
Whether the tenant corrects the violation or not, they are not allowed to stay in the property once the court makes a decision.
Landlords are advised to keep a close eye on their tenants to make sure illegal behavior does not go unnoticed.
In New York, landlords cannot evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends:
But if the landlord wishes to terminate their lease without probable cause or does not wish to renew the lease, then they need to provide written notice. The notice a tenant receives depends on the length of their lease and how long they’ve stayed on the property.
If the tenant does not leave the property by the time the notice period is over, the landlord may continue with the eviction process.
The eviction process can only begin after the issuance of the written notice. The landlord must have allowed enough time to pass before beginning to file for eviction.
The eviction process is as follows:
Fees will vary depending on the kind of eviction case, the location of the rental property, and the justice court where the Petition and Notice of Petition were filed.
It takes about 14 to 90 days from the issuance of the Notice to Vacate, depending on the reason for eviction and the lease agreement.
| Rent Amount | 5% of Rent | Highest Possible Late Fee |
|---|---|---|
| $300 | $15 | $15 because it is less than $50 |
| $800 | $40 | $40 because it is less than $50 |
| $1,500 | $75 | $50 because it is less than 5% of the rent |
Before filing for an eviction with the court, you need to issue the tenant a notice to comply. You can either download the free PDF or Word template, or create your New York eviction notice from here.
A copy of the Notice of Petition and Petition is served to the tenant. It must be served 10-17 days before the hearing.
There are several methods to accomplish this:
When using the Substituted Service or Posting method, the server has the additional responsibility of mailing the documents via first-class mail AND via registered/certified mail.
Landlords and property owners are not allowed to serve the documents to the tenant themselves. They have to ask someone uninvolved in the case to do it for them.
There are specific requirements for choosing the person who will serve the documents to the tenant.
The tenant has 10-17 days to prepare for the hearing. A response or reply is not required unless the eviction is about the nonpayment of rent.
If the case is about the nonpayment of rent, the tenant has to send a reply within 10 days. A hearing is scheduled 3-8 days after the court receives the tenant’s reply.
Failure to respond on time may result in the landlord winning the case. But if the tenant pays their rent in full before the hearing, the eviction process is discontinued.
The documents should be served to the tenant at least 10 days before the hearing is scheduled.
If the case is about nonpayment of rent, the tenant must send a reply within 10 days, and a hearing is scheduled 3-8 days after the court receives the reply.
Either the tenant or landlord may request to postpone the trial for AT LEAST 14 days.
To learn more about New York's landlord-tenant laws, head over to DoorLoop's Complete Guide to New York's Landlord-Tenant Laws for an in-depth guide.
| Lease/Rental Agreement | Term of Stay | Notice to Receive |
|---|---|---|
| Fixed Term | Three months, six months, etc. | The tenant is expected to move by the end of the lease. The landlord is not obligated to inform the tenant to vacate the property unless the lease states otherwise. |
| No lease agreement | Pay as you go (Tenancy at Will) | Landlord can evict the tenant at any time |
If the tenant disagrees with the eviction request and they reply to the court, it’s important that you keep good records of everything so you can provide proof to the judge and win your case. This part can make or break your entire eviction request in the event of a dispute.
Stay organized by:
If the tenant doesn’t pay rent, and they dispute that claim, it’s important that you show the judge the following:
If you are evicting the tenant for lease violations, for example, noise complaints, unauthorized pets, or property damages, it’s important to show proof from any of the following methods:
The landlord has to provide a strong argument backed up by solid evidence against the tenant. If the landlord fails to show up to the hearing, the entire case is thrown out.
A hearing is scheduled 10-17 days after the documents are served to the tenant.
In the case that the tenant does not show up to the hearing, the landlord wins by default. If the landlord wins the case, they can request a Writ of Execution immediately after the judgment is passed.
The Writ of Execution only takes a few hours to a few days to be issued.
In the state of New York, a reply from the tenant is not necessary for a court date to be scheduled. They only have to show up to the hearing.
An exemption to this rule is if the eviction is about the nonpayment of rent. The process for that is outlined above in “After Serving the Summons or Complaint.”
If the tenant disagrees with the Petition, they must attend the hearing and provide sufficient evidence to contest the landlord’s claims.
Similarly, the property owner has the responsibility of providing evidence. The evidence they provide may include, but is not limited to:
If the landlord wins the case, provided that the tenant does not appeal for reconsideration—which is a long and complicated process in the state of New York—a Writ of Execution is issued a few hours to a few days after the hearing.
The Writ of Execution gives the tenant a maximum of 14 days to vacate the property.
Tenants may receive a stay of execution from the court which gives them more time before they have to vacate the property.
The following are a few instances where a stay of execution is granted, allowing a prolonged stay of no more than one year:
If the tenant is evicted for a lease violation, the judge can grant them 30 days to correct the violation. If they manage to correct the violation and inform the court in time, the eviction process does not continue.
If the tenant is being evicted for nonpayment of rent, they have 10 days to either move out or pay the rent. The eviction process is discontinued if the tenant is able to pay the rent.
If no stay of execution is granted, then the tenant has 14 days from the moment they receive the Writ of Execution to move out of the property.
After the 14 days are up, the tenant can then be forcibly removed from the property by the appropriate officials. It is usually a sheriff who does this.
The landlord is not allowed to force the tenant to move out.
If the tenant leaves behind any belongings, the landlord must contact the tenant and give them a reasonable timeframe to claim them. After the timeframe has passed, the landlord is allowed to sell or dispose of the tenant’s property.
Below is the average timeline for a complete eviction process. This timeline may change depending on the complexities of the case.
On average, it would take anywhere between 35 days to more than 1 year for a complete eviction process.
| Notice Received by Tenants | Average Timeline | Important Things to Remember |
|---|---|---|
| Initial Notice Period | 14-90 days | Give your tenant a written Notice to Vacate before the eviction process. |
| Issuance and Posting of Summons and Complaint AND Court Hearing and Ruling on the Eviction | 10-17 days | Make sure no mistakes were made in the filing process. |
| Posting of Writ of Execution | A few hours to a few days | If you win the case, the judge will give you a Writ of Execution. You may request it immediately during the healing after. |
| Return of Possession | 10 days to 1 year | If you win the case, the judge will give you a Writ of Possession. |
| Return of Possession | 10 days | The assigned official will serve the tenant with a notice to vacate the property. You are not allowed to be the one to evict the tenant by force. Leave that job to the authorized officials. |
