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Landlord guide, New York (NY)

New York eviction process: the landlord’s steps from notice to removal

The eviction process in New York starts with the 14-day rent demand: 14 calendar days for unpaid rent (N.Y. Real Prop. Acts. Law §§ 711(2), 749(3)). Then the landlord files in the Civil Court Housing Part in New York City; city, district, town or village courts elsewhere, where the case is called summary proceeding (nonpayment or holdover); the court hears it, and after judgment a court officer carries out the removal.

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Notice for unpaid rent
14 calendar days
N.Y. Real Prop. Acts. Law §§ 711(2), 749(3)
Court
Civil Court Housing Part in New York City; city, district, town or village courts elsewhere
N.Y. Real Prop. Acts. Law §§ 732, 733, 749; N.Y. C.P.L.R. 5513(a)
Time to appeal
30 days
N.Y. Real Prop. Acts. Law §§ 732, 733, 749; N.Y. C.P.L.R. 5513(a)
Checked against the statutes
1 November 2026

Step by step

The eviction process New York landlords follow, step by step

Notice and court names are given as they read on New York’s own forms, and timing details are quoted from the statute.

  1. 1

    Step 1

    Serve the notice

    Unpaid rent: the 14-day rent demand, 14 calendar days (N.Y. Real Prop. Acts. Law §§ 711(2), 749(3)).

    Paying everything owed inside the period ends the case, by statute.

    Another breach of the lease: the notice to cure, with no fixed period in the statute (N.Y. Real Prop. Acts. Law § 711(1); N.Y. Real Prop. Law § 216).

    No reason, month to month: 30 days’ notice (N.Y. Real Prop. Law §§ 226-c, 232-a, 232-b).

    What the statute adds, in English

    A written demand requiring payment or possession, with at least 14 days' notice, served as § 735 requires and carrying the Good Cause Eviction notice under Real Property Law § 231-c. Even after judgment the court must vacate the warrant if the full rent owed is paid or deposited before execution, unless withheld in bad faith.

  2. 2

    Step 2

    File the eviction in court

    File in the Civil Court Housing Part in New York City; city, district, town or village courts elsewhere, where the case is called summary proceeding (nonpayment or holdover) (N.Y. Real Prop. Acts. Law §§ 732, 733, 749; N.Y. C.P.L.R. 5513(a)).

  3. 3

    Step 3

    Go to the hearing

    The tenant has 10 days to answer the complaint.

    In the statute, in English

    notice of petition served 10 to 17 days before the hearing; in a nonpayment case under § 732, the tenant answers within 10 days and trial is 3 to 8 days after the answer

  4. 4

    Step 4

    Judgment and appeal

    If the court rules for you, the tenant has 30 days to appeal.

  5. 5

    Step 5

    Removal by a court officer

    An officer of the court carries out the removal, on the court’s order.

    In the statute, in English

    at least 14 days' written notice from the marshal or sheriff before the warrant is executed, on a business day between sunrise and sunset

New York eviction process timeline

Notice before filing
14 calendar days
Time to answer
10 days
Hearing
Quoted in step 3
Time to appeal
30 days
Removal
Quoted in step 5

Only some steps have a number in the statute, so no honest total exists: after filing, the court sets the pace.

Can you change the locks yourself?

No. New York bans self-help eviction (N.Y. Real Prop. Acts. Law § 768), so only the court process can remove a tenant.

Removing an occupant of 30 days or more without a court order by force, lock changes, removing belongings or cutting essential services is a class A misdemeanor with civil penalties of $1,000 to $10,000 per violation.

The court process is the safe course in every state.

Write the New York eviction notice

Fill in the notice for New York in the generator, then read the rest of the state’s landlord law before you serve it.

Open the New York eviction notice generator

Where Dardaris comes in

Most evictions start as one late payment. Dardaris sees it on day one.

It notices the missed rent the day it is due, sends the tenant a reminder, and if nothing comes, drafts the New York notice with its 14 calendar days. You read it and sign; nothing goes out without you.

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The statutes

New York eviction laws, with the statute behind each step

New York eviction laws, with the statute behind each step
StepWhat the law saysStatute
Notice for unpaid rent14-day rent demand14 calendar daysPaying in full within the period stops itA written demand requiring payment or possession, with at least 14 days' notice, served as § 735 requires and carrying the Good Cause Eviction notice under Real Property Law § 231-c. Even after judgment the court must vacate the warrant if the full rent owed is paid or deposited before execution, unless withheld in bad faith.N.Y. Real Prop. Acts. Law §§ 711(2), 749(3)
Notice for a lease breachnotice to cureNo fixed periodNo state statute sets a notice or cure period for a lease breach in private housing; the lease sets it, commonly 10 days. Rent-stabilized units follow DHCR regulations, and units under the Good Cause Eviction Law in New York City and opt-in towns may only be ended for a listed ground.N.Y. Real Prop. Acts. Law § 711(1); N.Y. Real Prop. Law § 216
Notice to end a month-to-month tenancy30 days30 days if the tenant has occupied under 1 year, 60 days for 1 to 2 years, 90 days for 2 years or more. Rent-stabilised units and places covered by the Good Cause Eviction Law (RPL Article 6-A) also need a statutory ground.N.Y. Real Prop. Law §§ 226-c, 232-a, 232-b
How a notice is servedpersonal delivery to the tenantdelivery to a person of suitable age and discretion who lives or works at the property, plus mailing by certified or registered and first class mail within one dayaffixing to a conspicuous part of the property or sliding under the entrance door, plus the same two mailings within one dayN.Y. Real Prop. Acts. Law § 735
Court and actionCivil Court Housing Part in New York City; city, district, town or village courts elsewheresummary proceeding (nonpayment or holdover)N.Y. Real Prop. Acts. Law §§ 732, 733, 749; N.Y. C.P.L.R. 5513(a)
Time to answer10 daysN.Y. Real Prop. Acts. Law §§ 732, 733, 749; N.Y. C.P.L.R. 5513(a)
Hearingnotice of petition served 10 to 17 days before the hearing; in a nonpayment case under § 732, the tenant answers within 10 days and trial is 3 to 8 days after the answerN.Y. Real Prop. Acts. Law §§ 732, 733, 749; N.Y. C.P.L.R. 5513(a)
Time to appeal30 daysN.Y. Real Prop. Acts. Law §§ 732, 733, 749; N.Y. C.P.L.R. 5513(a)
Removalat least 14 days' written notice from the marshal or sheriff before the warrant is executed, on a business day between sunrise and sunsetN.Y. Real Prop. Acts. Law §§ 732, 733, 749; N.Y. C.P.L.R. 5513(a)
Self-help (lockouts, utilities)BannedRemoving an occupant of 30 days or more without a court order by force, lock changes, removing belongings or cutting essential services is a class A misdemeanor with civil penalties of $1,000 to $10,000 per violation.N.Y. Real Prop. Acts. Law § 768

Read against the official texts below on 1 November 2026. The month-to-month period was checked on 29 September 2026.

Questions landlords ask about eviction in New York

How long does an eviction take in New York?

The notice for unpaid rent runs 14 calendar days before you can file. After that the court sets the pace, so there is no honest total: the hearing, the judgment and the removal follow the court’s calendar and the timing rules quoted on this page.

What notice does a New York landlord serve for unpaid rent?

The 14-day rent demand, which gives the tenant 14 calendar days (N.Y. Real Prop. Acts. Law §§ 711(2), 749(3)). Paying everything owed inside the period ends the case, by statute.

Can a landlord change the locks in New York?

No. New York bans self-help eviction (N.Y. Real Prop. Acts. Law § 768), so only the court process can remove a tenant. The exact limits are quoted on this page.

Where is an eviction filed in New York?

In the Civil Court Housing Part in New York City; city, district, town or village courts elsewhere, where the case is called summary proceeding (nonpayment or holdover) (N.Y. Real Prop. Acts. Law §§ 732, 733, 749; N.Y. C.P.L.R. 5513(a)).

How does a landlord end a month-to-month tenancy in New York?

With 30 days’ notice (N.Y. Real Prop. Law §§ 226-c, 232-a, 232-b). If the tenant stays on after that, the eviction process on this page applies.

Can the tenant appeal an eviction in New York?

Yes. The tenant has 30 days after the judgment to appeal.

How long does the NYS eviction process take?

The notice for unpaid rent runs 14 calendar days before you can file. After that the court sets the pace, so there is no honest total: the hearing, the judgment and the removal follow the court’s calendar and the timing rules quoted on this page.

What do NY eviction laws require before a landlord files?

The 14-day rent demand, which gives the tenant 14 calendar days (N.Y. Real Prop. Acts. Law §§ 711(2), 749(3)). Paying everything owed inside the period ends the case, by statute.

Do NYC eviction laws differ from the rest of New York?

The statutes on this page apply across New York, New York City included. The local court that hears evictions there, and any city or county rule added on top, can change the paperwork and the pace, so check with that court before you file.

The eviction process in other states

All 50 states compared

General information, not legal adviceEviction law changes, and a court can read a statute differently from this summary. Check the current text and your local court’s rules, or ask a lawyer licensed in the state, before you serve a notice or file.

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