New York Eviction Laws
Step-by-step guide for landlords filing an eviction in New York (NY).
14 days
Pay or Quit
30 days
Cure or Quit
90 days
Notice to Vacate
$45–$210
Filing Fee
New York Quick Facts
- Typical timeline: 60–180 days
- Jury trial available: Yes — tenant may request jury
- Self-help eviction: Banned — changing locks, removing belongings, or shutting off utilities is illegal
- State notes: HSTPA 2019 significantly strengthened tenant protections. Requires detailed pre-petition notice. Housing Court process is lengthy.
Self-Help Eviction is Illegal in New York
You cannot change the locks, remove the tenant's belongings, shut off utilities, or physically remove the tenant yourself. Doing so exposes you to significant civil and potentially criminal liability. You must use the court process.
Step-by-Step Process in New York
- 1
Confirm valid grounds for eviction
In New York, valid grounds include nonpayment of rent, lease violations, illegal activity, or expiration of the lease term. Document everything in writing before proceeding.
- 2
Serve written notice (14-day pay-or-quit for nonpayment)
Deliver the notice via the method required by New York law — typically personal delivery, posting + mailing, or certified mail. Keep proof of delivery. The notice period begins the day after service.
- 3
Wait out the notice period
Do not file with the court until the full 14-day notice period has expired and the tenant has neither paid nor vacated. Accepting any rent payment after serving notice may void the notice in New York.
- 4
File with the court
File an Unlawful Detainer (or equivalent) action with your local New York court. Court filing fees in New York typically run $45–$210. Bring copies of your lease and notice.
- 5
Serve the tenant with the summons
The court will issue a summons. The tenant must be properly served — usually by a process server or sheriff. Improper service is a common reason cases are dismissed.
- 6
Attend the hearing
Bring all documentation: signed lease, notice with proof of service, rent ledger, and any communications. Note: in New York, the tenant may request a jury trial.
- 7
Obtain a Writ of Possession
If you win, the court issues a Writ of Possession (sometimes called a Writ of Restitution). There is typically a short waiting period before the writ can be executed.
- 8
Sheriff lockout (if needed)
If the tenant does not leave voluntarily, the sheriff's office executes the writ and removes the tenant. You may not change locks or remove belongings yourself — self-help eviction is illegal in New York.
Notice Types in New York
Pay or Quit — 14 days
Used when the tenant has not paid rent. The tenant must pay in full or vacate within 14 days.
Cure or Quit — 30 days
Used for fixable lease violations (unauthorized pets, unapproved occupants, etc.). The tenant has 30 days to fix the violation or vacate.
Notice to Vacate (Non-Renewal) — 90 days
Used to end a month-to-month tenancy or notify the tenant you will not renew the lease. Must be served at least 90 days before the desired move-out date.
Find New York Court Forms
Search for “New York unlawful detainer forms” or “New York eviction forms” on your state court's official website (.gov domain). Many states provide free self-help court forms for landlords.
Helpful Resources
Disclaimer
This is general legal information, not legal advice. New York eviction laws change frequently and local ordinances (city/county) may impose additional requirements. Consult a licensed attorney in New York for your specific situation.