Eviction Process in New York: A 2026 Landlord's Guide
14-day written rent demand (certified mail required). Tenant can cure up to warrant execution. Warrant must give 14 days. Typically 2-6+ months. HSTPA 2019 significantly expanded tenant protections. Warrant can only be executed Mon-Fri. NYC has additional rent stabilization rules.
Required notice types in New York
| Type | Notice Period | Purpose |
|---|---|---|
| Nonpayment | 14 days | Tenant failed to pay rent. Tenant may cure by paying the full amount owed before the deadline in most states. |
| Lease violation (curable) | 10 days | Tenant is violating lease terms (unauthorized pets, unauthorized occupants, noise, etc.) and has the option to correct the violation. |
The eviction process, step by step
Step 1 — Serve a 14-day Rent Demand. New York law requires you to give the tenant written notice and 14 days to either pay what's owed or vacate. Serve in the manner permitted by RPAPL § 711.
Step 2 — File a Nonpayment Proceeding / Holdover complaint. If the tenant doesn't pay or move out by the deadline, file in the appropriate court (typically justice, district, or small claims depending on county).
Step 3 — Court hearing. The court sets a hearing, typically within 6-18 weeks. Bring the lease, payment ledger, copy of the notice, and proof of service.
Step 4 — Judgment and writ of possession. If you win, the court issues a judgment. After the tenant's appeal window closes, the sheriff or constable executes the writ and restores possession.
How long does an eviction take in New York?
Uncontested cases in New York typically move through the courts in about 120 days from notice to sheriff's lockout. Contested cases, tenant bankruptcy filings, and local court backlogs can extend this significantly. The minimum realistic timeline (everything uncontested, no appeals) is roughly 45 days.
Need to send a Rent Demand right now?
LandlordPro does not generate eviction notices for New York, because New York requires state-specific forms and procedures. Use your court's official forms or a local landlord-tenant attorney.
Start free — no credit cardKey statute for New York
Notice for unpaid rent
Authority: N.Y. Real Prop. Actions & Proc. Law § 711(2)
a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises
What this means: New York requires a 14-day notice before you can file for eviction over unpaid rent.
Read from the statute text (verified 2026-09-22)
Notice for other lease violations
Authority: N.Y. Real Prop. Law § 216(1)(b) (Good Cause Eviction Law); see also RPAPL § 753(4)
ten days of receipt of such written notice, provided however, that the obligation of tenancy for which violation is claimed was not imposed for the purpose of circumventing the intent of this article
What this means: New York requires a 10-day notice before you can file for eviction over a lease violation other than unpaid rent.
Read from the statute text (verified 2026-09-22)
Ending a month-to-month tenancy
Authority: N.Y. Real Prop. Law § 226-c(2); § 232-a (NYC); § 232-b (outside NYC)
If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord shall provide at least thirty days' notice.
What this means: New York requires 30 days' notice to end a month-to-month tenancy.
Read from the statute text (verified 2026-09-22)
Abandoned property
If a tenant leaves personal property behind after vacating, New York allows landlords to handle abandoned property after 30 days of apparent abandonment. Procedures vary — many states require written notice and a public or private sale with proceeds held for a statutory period.
Frequently asked questions
How many days' notice do I need to give before evicting for nonpayment in New York?
New York law requires a 14-day notice for nonpayment of rent. The tenant typically has those 14 days to either pay the full amount owed or vacate before you can file in court. See RPAPL § 711.
How long does an eviction take in New York?
An uncontested eviction in New York typically takes about 120 days from notice to sheriff's lockout. Contested cases, tenant bankruptcy, or court backlogs can add weeks or months.
Can I evict a tenant at the end of their lease in New York without cause?
New York generally allows landlords to end a tenancy at the close of a fixed-term lease or with proper notice to a month-to-month tenant, without needing to show fault. Local ordinances may add requirements — confirm with an attorney if you're in a large city.
Can I change the locks or shut off utilities to force a New York tenant out?
No. Self-help evictions — changing locks, removing belongings, shutting off utilities — are illegal in New York and every other US state. Only a court order and a sheriff or constable can legally remove a tenant. Self-help exposes you to damages and statutory penalties.
What happens if my New York tenant files for bankruptcy during eviction?
A bankruptcy filing triggers an automatic stay that halts the eviction, even if you have a judgment. You'll generally need to file a motion for relief from the automatic stay in bankruptcy court before resuming. Bankruptcies add weeks or months — factor this into your risk assessment.
Handling evictions in New York with LandlordPro
LandlordPro is built to keep you on the right side of New York's procedural rules. The notice wizard asks a few questions, drafts a notice using the number of days and language on file for this state; verify it against the current statute before serving, and logs proof of service. If the case proceeds to court, LandlordPro's eviction timeline tracks every deadline and its tenant records bundle feature assembles an attorney-review-ready PDF with a plain-English AI records summary of the case — a tool no other landlord software offers.
Create your first New York notice →
Raising the rent: New York requires 30 days' notice before a rent increase. New York rent increase laws →
Late rent: New York caps late fees at the lesser of $50 or 5% and requires a 5-day grace period. New York late fee laws →
Related: New York security deposit law — limits & return deadlines · What an eviction costs in every state
This eviction is costing you thousands. The next one is preventable.
Screen your next applicant before handing over the keys — full credit, criminal, and prior-eviction reports, pay-per-report with no subscription. Your first screen also unlocks 30 days of LandlordPro Pro free.
Screen your next applicant →Contested case or unsure of your next step? Talk to a business attorney through LegalZoom → (Sponsored)
Choosing landlord software
Still deciding which software to run your New York rentals on? These are side-by-side breakdowns written by a landlord who self-manages 13 units — pricing, what each tool does well, and where it falls short for small portfolios.
Questions from New York landlords
Have a question about renting in New York that this page does not answer? Ask other landlords in the LandlordPro Forum. It is free.