New York Eviction Process for Renters: Timeline & Steps

Facing eviction in New York can feel overwhelming, especially if you are not sure what to expect. This guide walks renters through the eviction timeline, important required forms, and how long each step may take under New York law. By knowing your rights and the process, you can respond confidently and protect your home.

Who Handles Eviction Cases in New York?

Eviction cases in New York are managed by the New York City Housing Court (for NYC) or local Civil and District Courts (outside NYC). These courts process cases under the New York State Real Property Law.^[1]

Eviction Timeline: Step by Step

Here’s a clear breakdown of the New York eviction process for most renters (for example, "nonpayment of rent" or "holdover" cases):

1. Notice to Cure or Notice to Pay Rent

• Notice to Pay Rent or Quit: If your landlord claims you owe rent, they must first give you a written Fourteen-Day Notice (14-day Notice to Pay Rent or Vacate). This gives you 14 days to pay rent or move out before court papers are filed.
  See the official 14-Day Rent Demand form – NYC Courts.
• Notice to Cure: For lease violations (not rent), you usually get a 10-day written Notice to Cure, describing what lease rule was broken. You have 10 days to fix the issue (or "cure"). Sample forms can be seen on local court sites, but always check your court’s rules.

2. Notice of Termination

• If the issue isn’t fixed (rent unpaid or violation not cured), you may get a Notice of Termination, usually giving you at least 30 days before the landlord can start a court case.
  • Notify the court immediately if you receive this notice and believe it's in error.

3. Petition & Notice of Petition Filed (Court Starts)

• Your landlord must file two forms to begin the case:
  • Notice of Petition (HPN-1): This tells you when and where to come to court.
  • Petition (NP-501 for nonpayment): Details the reason for the eviction.
    • For New York City, check the official Housing Court page.
  • The Notice of Petition and Petition must be officially delivered (served) to you, usually at least 10 days before the court date.

4. Court Appearance (Hearing)

• On the specified court date, both sides present their case. Bring all documentation (lease, payment proof, repair requests, notices, etc.).
  • If you do not appear, you could lose by "default judgment" and be evicted faster.
• If an agreement is not reached or you lose, the court issues a Warrant of Eviction.

5. Warrant of Eviction & Notice of Eviction

• If the judge rules for the landlord, the court issues a Warrant of Eviction, and you get a Marshal’s Notice of Eviction (sometimes called the 14-Day Notice of Eviction).
  • You are generally given 14 days to move out after this notice is delivered.
  • Eviction cannot occur without proper court process, even after this notice.

Typical Eviction Timeline in New York (Summary)

• Notice to Pay Rent/Notice to Cure: 10 to 14 days
• Notice of Termination: 30 days (can be as short as 14 days, or up to 90+ days depending on tenancy length and reason)
• Service of Notice of Petition & Petition: at least 10 days before hearing
• Court process: may take 1–6 weeks
• Warrant of Eviction issued: if ordered by the judge
• Marshal’s Notice to vacate: minimum 14 days

Altogether, the legal process—from the first notice to potential physical eviction—can take 4–12 weeks or longer, depending on backlogs and individual circumstances.

Official Forms Used in New York Evictions

• 14-Day Rent Demand: Use this if you receive a claim you owe rent. View the form.
• Notice of Petition (HPN-1): Tells you to appear in court. View the form.
• Petition (NP-501 for nonpayment): Explains the eviction claim. View the form.
• Warrant of Eviction: Court-ordered form. Landlord must apply for this after getting a judgment.

Always read every notice or form carefully—and save copies. Court forms are also listed on the NYC Housing Court Forms page.

What Should I Do If I Get an Eviction Notice?

• Read the notice fully to see what is being asked (pay rent, fix an issue, prepare for court, etc.).
• Check all deadlines—act quickly.
• Gather your documents: leases, payment receipts, any communication with your landlord.
• Consider reaching out for free legal help (see resources below), or file an Answer to the Petition (if served with court papers).

Your Rights Under New York Law

• You cannot be evicted without a court order.
• No lockouts, harassment, or shutting off utilities by landlords—these are illegal.
• Reasonable accommodation or more time may be possible by asking the court, in some cases.

New York State Real Property Law and NYC Housing Maintenance Code protect tenants from illegal evictions and outline legal procedures. For more details, see NY Courts – Eviction Overview.

FAQ: New York Eviction Process

1. How much notice does my landlord have to give before starting an eviction?
   In most nonpayment cases, you must get a 14-day written demand and, in many situations, a 30-day notice before the landlord files with the court.
2. Can I stop an eviction by paying the rent I owe?
   You may "cure" a nonpayment eviction at any time before the court issues a Warrant of Eviction by paying all back rent, plus any court-ordered fees.
3. What happens if I miss my court date?
   If you do not attend, the court may award your landlord a default judgment. Act fast to file an order to show cause if you miss court but have a valid excuse.
4. Are there special protections against eviction for certain renters?
   Yes, Section 8 and rent-controlled/stabilized tenants, as well as those facing hardship, may have additional rights or timelines. Always ask the court about these.

Conclusion: Key Takeaways

• The eviction process in New York is detailed and always handled by a court—you cannot be evicted overnight.
• Know your timeline and official forms so you can respond promptly and correctly.
• Always attend your court dates and seek support; legal and advocacy resources can help protect your rights.

Need Help? Resources for Renters

• NY Courts Eviction Help: Overview, forms, and legal explanations.
• NYS Division of Housing and Community Renewal (DHCR): Statewide rental protections and information.
• LawHelpNY: Eviction Help: Free legal aid directories for renters.
• For NYC, see NYC HPD Renters’ Rights.
• For court locations, check NYC Housing Court Locations.

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1. New York State Real Property Law
2. New York City Housing Court
3. New York State Unified Court System – Eviction
4. NYC Housing Court Official Forms

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