Facing Eviction in New York: What Can I Do?
This page explains how eviction works in New York State. It covers the notices your landlord must send, the court papers, how to answer, and your defenses. It also covers what happens after a judgment (the court's final decision in your case), illegal lockouts, and tenant screening. New York City and a few other places add Good Cause Eviction rules; check your city's guide too.
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In New York, only a court can evict you. Your landlord must win a case called a summary proceeding (a fast eviction case) first. After a judgment (the court's final decision), a sheriff, marshal, or constable must give you at least 14 days' written notice before the eviction. The eviction must happen on a business day, between sunrise and sunset.
New York State Attorney General Tenant Protections During Eviction New York State Senate RPAPL § 711 New York State Senate RPAPL § 749(2)(a)✓ Sources checked September 20, 2026
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Before a nonpayment case, your landlord must give you a written rent demand with at least 14 days' notice. The demand must say you either pay the rent or move out. It must also say whether your home is covered by the Good Cause Eviction law. Your landlord cannot start the case without this demand. The Good Cause part of the demand is written to last until June 15, 2034. The 14-day written demand itself does not expire.
New York State Attorney General Eviction New York State Senate RPAPL § 711(2), effective June 15, 2034✓ Sources checked September 22, 2026
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New York's Good Cause Eviction law applies in New York City and in any village, town, or city that adopts it by local law. Where it applies, your landlord needs a court order and a good reason to evict you. Good reasons include unpaid rent, unless it came from an unreasonable rent increase. They also include a nuisance, or a lease violation you did not fix within 10 days after written notice.
New York State Senate RPL § 213(1)-(2) New York State Homes and Community Renewal Geographic Applicability New York State Senate RPL § 216(1)(a)-(c)✓ Sources checked September 24, 2026
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The Good Cause Eviction law lists 15 kinds of homes it leaves out. One is a home owned by a small landlord. To claim this in an eviction case, the landlord must give you each owner's name and how many units each owns. The landlord must also give the addresses of those units. Outside New York City, towns and cities that opt in to the law can set the small landlord limit. If they do not, it is 10 or fewer units in the state.
✓ Sources checked September 24, 2026
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The Good Cause Eviction law does not apply to owner-occupied buildings with 10 or fewer units. It also does not apply to: rent stabilized and other rent regulated units, income-restricted units, or condos and co-ops.
✓ Sources checked September 24, 2026
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The court papers are a notice of petition and a petition. Someone must hand them to you, or leave them with an adult who lives or works at your home, or post them on your door. If they were not handed to you, copies must also be mailed to you by certified mail and regular mail within 1 day.
✓ Sources checked September 22, 2026
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A nonpayment case can only be about rent. Your landlord cannot use a nonpayment case to collect late fees, legal fees, or any other added charge. This is true even if your lease calls those charges rent. If the court papers include fees, tell the judge.
RenterLaw editorial New York State Attorney General Tenant Protections During Eviction New York State Senate RPAPL § 702(1)✓ Sources checked September 24, 2026
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In New York City Housing Court, if you get a nonpayment petition, you must answer within 10 days after you receive the notice of petition. You can answer by talking to the clerk or in writing.
✓ Sources checked September 22, 2026
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A holdover case is a case to remove you for a reason other than unpaid rent. In one, you generally answer out loud or in writing in court on the hearing date. The landlord may serve the notice of petition (the paper that sets your court date) at least 8 days before the hearing. Then it may ask you to answer at least 3 days before the hearing. Read the notice for your deadline.
RenterLaw editorial New York State Unified Court System Answering a Holdover Petition New York State Senate RPAPL § 743✓ Sources checked September 24, 2026
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At the hearing, the judge may first try to help you and your landlord settle. Do not sign anything you have not read and understood; you can ask the judge to explain it. If you need time to get a lawyer or evidence, ask for an adjournment (a later date). On your first request, the court must give you at least 14 days. After that, more delays are up to the judge.
New York State Senate RPAPL § 745(1) New York State Unified Court System What happens on my first court date?✓ Sources checked September 21, 2026
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In a nonpayment case, paying the full rent owed ends the case. If you pay everything before the hearing, your landlord must accept it and the case is over. After the judgment (the court's final decision), you can still pay all the rent before the eviction. You can pay the landlord or deposit the rent with the court. The court must then cancel the warrant (the court order that allows the eviction), unless your landlord proves you held back rent in bad faith.
✓ Sources checked September 24, 2026
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If the landlord won because you missed your court date, this is a default judgment (a decision made without you). You can ask the court to cancel it and let you defend the case. Use the court's DIY Form program to make the court papers you need.
✓ Sources checked September 22, 2026
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If you get a 14-day Notice of Eviction from a marshal, sheriff, or constable, go to court right away. File an Order to Show Cause (a form asking the judge to stop the eviction). If the judge signs it with a stay, deliver the court papers to the landlord. The eviction then stops until your new court date.
✓ Sources checked September 22, 2026
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The court can also pause (stay) the eviction for up to 1 year. You must show that you tried and failed to find a similar home nearby, or that moving would cause extreme hardship. You must also ask in good faith (honestly). This does not apply to a room in a hotel, lodging house, or rooming house.
✓ Sources checked September 22, 2026
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If the court grants that stay, you must pay money into court for the time you stay. The court sets the amount, based on your rent.
✓ Sources checked September 22, 2026
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After more than 30 days in your home, your landlord cannot change your locks to make you leave. A lockout without a court order is a crime. If you feel safe, you can choose to call 911. You can also call legal aid. Ask the owner to let you back in. The owner must take all reasonable steps to do so if the owner did it, knew, or should have known. This also applies if it happened within 7 days before you asked.
RenterLaw editorial New York State Senate (Consolidated Laws) RPAPL § 768(1) New York State Unified Court System Being Evicted✓ Sources checked September 23, 2026
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