What is the most common legal reason for eviction in New York?

Nonpayment of rent is the most frequent reason. However, landlords must first give you a 14-day notice before starting a court case.

What should I do if I get an eviction petition?

Read the notice carefully and respond by filing a Tenant Answer Form (UD-2) before your court date. Bring any evidence or documents to your hearing.

Can my landlord evict me for requesting repairs?

No. Eviction for reporting repairs or exercising your rights is considered retaliation and is not allowed under New York law.

Do I have to move out immediately after receiving an eviction notice?

No. You have the right to a court hearing and, in many cases, to present defenses. Only a court order can legally require you to leave.

Legal Eviction Reasons & Tenant Defenses in New York

Evictions & Lease Violations New York published: June 21, 2025

Facing an eviction in New York can feel overwhelming, but knowing your rights is the first step to protecting your home. In New York State, eviction rules are based on state law and overseen by local housing courts. Understanding legal eviction reasons and possible tenant defenses can help you respond with confidence if you receive an eviction notice.

Understanding Legal Reasons for Eviction in New York

New York landlords must follow specific legal grounds—or reasons—if they want to evict a renter. The process protects both parties and is outlined in New York Real Property Law (RPL) and related statutes. Eviction is never automatic; a court decision is required.

Common Legal Grounds for Eviction

Nonpayment of Rent: If you owe rent and haven’t paid after proper notice, your landlord may start an eviction case.
Lease Violations: Breaking a lease term (like having unauthorized pets or occupants) after written notice may lead to eviction proceedings.
Holdover (Staying After Lease Ends): If you stay after your lease expires and the landlord properly notifies you, they may file for eviction.
Owner Move-In or Substantial Renovation: In some cases, owners can regain possession for personal use or major renovations, but strict rules apply.
Illegal Activity: If the rental unit is allegedly being used for illegal activity, a landlord may seek to evict.

Each situation requires written notice and, usually, a court process. Retaliatory evictions or discrimination are not allowed by law.

Required Notices and Official Forms

Before filing an eviction, landlords must provide you with written notice. Each notice has its own timeline and requirements. Here are the common notices and forms you may encounter:

14-Day Notice to Pay Rent or Quit: Used when rent is late. If you don’t pay within 14 days, the landlord can file in court. A sample template is provided on the NY State Unified Court System - Housing Court Forms page.
Notice to Cure: Given when you’ve allegedly broken a lease rule. The notice gives you at least 10 days to fix ("cure") the problem. The landlord cannot file in court until this time passes.
Notice of Petition and Petition (for Eviction) [Form UD-100]: The landlord uses these official court forms to start the eviction case. You’ll receive copies if your case goes to court. Forms and instructions are found on the NY Courts Housing Resources page.
Tenant Answer Form [Form UD-2]: This is your official response to the eviction petition. Use it to state your defense. Forms are available at the courthouse or online at the NY Courts Self-Help Center.

How These Forms Work: Renter Example

Maria receives a 14-Day Notice to Pay Rent or Quit because she missed a rent payment. She isn’t able to pay right away, and after the 14 days, her landlord files for eviction, serving Maria with a Notice of Petition and Petition. Maria can use the Tenant Answer Form to explain her situation—she lost her job, but is waiting on emergency rental assistance—and assert her defenses in Housing Court.

Your Rights and Defenses If Facing Eviction

Even if you receive an eviction notice, you have rights and can offer defenses in court. A judge will consider your situation before making any decision.

Typical Tenant Defenses

Improper Notice: If your landlord didn't give you required written notice, the case may be dismissed.
Rent Was Paid or Not Owed: If you’ve paid rent, or the amount claimed is wrong, bring receipts and evidence.
Landlord Didn’t Maintain the Unit: Poor living conditions could lower or pause your rent. This is called the “Warranty of Habitability” defense. Learn more about this right in NY State 'Tenant Rights and Protections'.
Discrimination or Retaliation: If you’re being evicted for reporting repairs or using your tenancy rights, the court may stop the eviction.
Procedural Mistakes: If forms were delivered incorrectly or court steps were skipped, the case may not proceed.

Bring all documents, repair photos, communications, and witnesses to your court appearance. You can also apply for free legal aid through Housing Court Help Center or local organizations.

If you receive any legal notice or are unsure about your rights, respond quickly—missing a court date could result in losing your home by default.

New York Housing Courts: Where Eviction Cases Are Decided

In New York, the primary official tribunal for eviction cases is the New York City Housing Court (for NYC renters) and local City, Town, or Village Courts for renters elsewhere in the state. All eviction filings go through these courts, following the rules in New York State Unified Court System.

Key Action Steps: What to Do If You Get an Eviction Notice

Read the notice carefully—note deadlines and why you’re being asked to leave.
Gather documentation: rent receipts, lease, repair requests, notices from your landlord.
Attend your court hearing, or file an Answer using Form UD-2—explain your side and any defenses.
Ask the court for more time if you need emergency housing help.
Seek free legal assistance from court help centers or local nonprofits.

Filing the proper forms on time, even if you disagree with the eviction, preserves your rights and helps prevent a default judgment.

FAQ: Eviction Rules and Tenant Rights in New York

What is the most common legal reason for eviction in New York?
Nonpayment of rent is the most frequent reason. However, landlords must first give you a 14-day notice before starting a court case.
What should I do if I get an eviction petition?
Read the notice carefully and respond by filing a Tenant Answer Form (UD-2) before your court date. Bring any evidence or documents to your hearing.
Can my landlord evict me for requesting repairs?
No. Eviction for reporting repairs or exercising your rights is considered retaliation and is not allowed under New York law.
Do I have to move out immediately after receiving an eviction notice?
No. You have the right to a court hearing and, in many cases, to present defenses. Only a court order can legally require you to leave.

Conclusion: Key Takeaways for New York Renters

Eviction in New York must follow legal rules—landlords must give notice and go to court.
You have the right to defend yourself and use official court forms, such as the Tenant Answer Form.
Never ignore legal notices; use help centers and legal aid to protect your housing rights.

Need Help? Resources for Renters

NYC Housing Court (New York City Only)
Official New York State Eviction and Housing Forms
New York State Division of Homes and Community Renewal (Statewide tenant rights & resources)
Housing Court Help Centers (Free legal information and referrals)