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Eviction Process in New York


If you are being evicted in the state of New York, you may not know how to proceed.  Learning about the eviction process in New York can help you understand your rights and options under the law.  After reading this guide, you will understand the steps involved in the eviction process in New York and how long each step will take.

Getting Notice

You must be given appropriate notice about your eviction before your landlord can begin the eviction process in New York courts.  In the state of New York, landlords are obligated to give you a written three-day notice demanding rent.  This notice gives you three full days to pay late rent in order to have your tenancy reinstated in full.

If you are being evicted for reasons other than late rent (for instance, breaching terms of your lease like having an unauthorized pet), your landlord must give you a full thirty days “notice of termination” that identifies the breach in the lease and gives you 30 days to vacate the premises.  Your landlord is not required to allow you to cure the breach.

Court Filings and Hearings

If you do not leave the premises or pay your late rent within the period specified on the notice, your landlord can begin the eviction process in New York courts.  Your landlord will go to civil court with a Petition that says why you are being evicted.  You will be served by the sheriff or process server with a copy of the Petition as well as a copy of the Notice of Petition, which the court issues to tell you when your hearing will be.

You are not required to attend the hearing, but if you do not appear, your landlord will win the case automatically and the eviction process in New York will continue.  Appearing in front of the judge can be very useful: if you have been taken to court due to a breach of your lease, for instance, the judge may order your landlord to give you time to fix the violation rather than terminating your tenancy.

Judges can also give you more time to pay late rent or just help you by giving you a few extra days to move out if you already plan to leave the property.

Warrant of Eviction

If you do not appear at the hearing or if you lose, a court order will be issued by the judge.  This order will specify a date by which you must leave the premises.  If you do not leave the property after the court-appointed date, your landlord can pursue the step in the eviction process in New York called an eviction warrant.

If you are served with an eviction warrant, you will have 72 hours to vacate the premises or face forcible removal by the marshal.  You have 72 hours to contest a warrant of eviction, which can give you more time to build a case against your landlord or to move your possessions.  

Your landlord cannot at any time try to forcibly remove you by changing your locks or shutting off your utilities—landlords must obey the legal eviction process in New York.  If your landlord does try to harass you in this way, it is illegal and you should contact a lawyer and the police immediately.

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