Eviction and Notice to Quit in New York City
Your landlord cannot just throw you out. In New York City, an eviction takes written notice, a court case, a judgment, and a marshal. This guide walks through each step, your defenses, and where to get a free lawyer.
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Your landlord can only evict you through housing court. The landlord must win the case and get a judgment. Then only a sheriff, marshal, or constable can actually remove you.
✓ Sources checked August 23, 2026
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It is illegal for your landlord to force you out on their own. The landlord cannot threaten you, lock you out, take your things, or shut off heat or water.
✓ Sources checked August 23, 2026
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If you have a lease, the landlord cannot evict you during the lease term unless you seriously break the lease or housing laws.
✓ Sources checked August 23, 2026
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For unpaid rent, the landlord must first give you a written demand for the rent. The demand must give you 14 days to pay. Without it, the landlord cannot start an nonpayment eviction court case.
✓ Sources checked August 23, 2026
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If the landlord wants to end your tenancy or not renew your lease, they must give written notice first. You get 30 days notice if you have lived there under 1 year. You get 60 days notice after 1 year. You get 90 days notice after 2 years.
✓ Sources checked August 23, 2026
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Many market rate tenants in NYC are covered by the Good Cause Eviction law. A covered landlord needs a good reason to end your tenancy. You can raise this law as a defense in housing court. It covers cases filed on or after April 20, 2024.
✓ Sources checked August 23, 2026
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Never ignore court papers. If you skip court, the landlord can win by default and get an eviction order against you.
✓ Sources checked August 23, 2026
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In a nonpayment case, paying stops the eviction. If you pay all the rent you owe before the marshal acts, the court must dismiss the case.
✓ Sources checked August 23, 2026
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A nonpayment case can only be about rent. You cannot be evicted for unpaid late fees, legal fees, or other added charges.
✓ Sources checked August 23, 2026
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If you lose your case, you can ask the judge for more time to move. The judge can give you up to 1 year if you cannot find a similar apartment nearby. The judge looks at your health, your children's school, and other life facts.
✓ Sources checked August 23, 2026
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If your landlord locks you out or forces you out illegally, report it at the nearest police station. You can also start an illegal lockout case in housing court. A court can order you back in and make the landlord pay you 3 times your damages.
New York State Attorney General Tenant Protections During Eviction; RPAPL § 853 NYC Housing Preservation and Development (HPD) Tenants' Rights FAQs: lockouts; NYC Admin. Code § 26-521; RPAPL § 853✓ Sources checked August 23, 2026
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Where to get help: NYC gives you a free eviction lawyer. This is the Right to Counsel program. Call 311 and ask for the Right to Counsel. It is free in every ZIP code, no matter your immigration status.
✓ Sources checked August 23, 2026
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Before court, you can also call 311 and ask for the Tenant Helpline. NYC renters get free legal advice there.
✓ Sources checked August 23, 2026
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If the case is about back rent you cannot pay, apply for a One Shot Deal emergency grant from NYC HRA. It can cover rent you owe so you keep your home. Apply on ACCESS HRA or call 718-557-1399. Free legal aid groups can also represent you if you qualify. Check lawhelp.org to find one near you.
New York State Attorney General Eviction: free legal services reminder ACCESS NYC (NYC Human Resources Administration) One Shot Deal: How to apply✓ Sources checked August 23, 2026
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