Facing Eviction in New York: What Can I Do?

The notice

1. 1

   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.

   Sources:

   1. Tenant Protections During Eviction, New York Attorney General. A government guide.
   2. RPAPL § 711, New York State Senate. Law.
   3. RPAPL § 749(2)(a), New York State Senate. Law.
2. 2

   Before a case for unpaid rent, 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.

   Sources:

   1. Eviction, New York Attorney General. A government guide.
   2. RPAPL § 711(2), effective June 15, 2034, New York State Senate. Law.
3. 3

   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.

   Sources:

   1. RPL § 213(1)-(2), New York State Senate. Law.
   2. Geographic Applicability, New York State Homes and Community Renewal. A government guide.
   3. RPL § 216(1)(a)-(c), New York State Senate. Law.
4. 4

   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:

   1. RPL § 213(1)-(2), New York State Senate. Law.
   2. RPL § 214, New York State Senate. Law.
5. 5

   The Good Cause Eviction law does not cover every home. It does not apply to a building of 10 or fewer units where the owner lives. It also does not apply to rent stabilized (a status that limits how much rent can go up) units. It does not apply to other units with rent rules under another law. It does not apply to units that must stay affordable at a set income level. It does not apply to condos or co-ops.

   Source:

   1. RPL § 214, New York State Senate. Law.
6. 6

   After more than 30 days in your home, your landlord cannot change your locks to make you leave. Doing this 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.

   Sources:

   1. Our editorial rules.
   2. RPAPL § 768(1), New York State Senate. Law.
   3. Being Evicted, New York Courts. A government guide.

Paying to stop the case

7. 7

   A nonpayment case (a court case about unpaid rent) can only be about rent. Your landlord cannot use this type of 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.

   Sources:

   1. Our editorial rules.
   2. Tenant Protections During Eviction, New York Attorney General. A government guide.
   3. RPAPL § 702(1), New York State Senate. Law.
8. 8

   In a nonpayment case (a court case about unpaid rent), 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:

   1. RPAPL § 731(4), New York State Senate. Law.
   2. RPAPL § 749(3), New York State Senate. Law.

Going to court

9. 9

   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.

   Source:

   1. RPAPL § 735(1), New York State Senate. Law.
10. 10

    In New York City Housing Court, you may get a nonpayment petition (the court papers starting a case about unpaid rent). If you do, you must answer within 10 days after you receive the notice of petition. You can answer by talking to the clerk or in writing.

    Source:

    1. Answering a Nonpayment Petition, NYC Housing Court. A government guide.
11. 11

    A holdover case (a case to remove you for a reason other than unpaid rent) has its own answer rule. 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.

    Sources:

    1. Our editorial rules.
    2. Answering a Holdover Petition, NYC Housing Court. A government guide.
    3. RPAPL § 743, New York State Senate. Law.
12. 12

    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.

    Sources:

    1. RPAPL § 745(1), New York State Senate. Law.
    2. What happens on my first court date?, New York State Unified Court System. A government guide.
13. 13

    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.

    Source:

    1. Stopping an Eviction and Staying an Eviction, New York Courts. A government guide.

After the court decides

14. 14

    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.

    Source:

    1. Notice of Eviction, New York Courts. A government guide.
15. 15

    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.

    Source:

    1. RPAPL § 753(1), New York State Senate. Law.
16. 16

    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.

    Source:

    1. RPAPL § 753(2), New York State Senate. Law.