New York Eviction Process: 14-Day Demand to Warrant, Step by Step

Short answer: The New York eviction process begins, for unpaid rent, with a 14-day written rent demand under RPAPL § 711(2), and ends only after a judgment and a marshal’s or sheriff’s written notice of at least 14 days under RPAPL § 749. In a nonpayment case, § 749(3) requires the court to vacate the warrant if you tender or deposit the full rent due at any time before it is executed, unless the landlord proves you withheld rent in bad faith.

New York layers several regimes on top of each other: the statewide Real Property Actions and Proceedings Law (RPAPL), the notice rules in the Real Property Law, rent stabilization in some places, and since 2024 the Good Cause Eviction Law in New York City and the cities and villages that opt in. This guide follows the statewide path and flags where those extra protections change it.

New York Eviction Process: Quick Reference

Before Court: The Notices

The 14-day rent demand

A landlord cannot start a nonpayment case without first serving a written demand giving you at least 14 days to pay the rent or give up possession, under RPAPL § 711(2). It must be served the way a court petition is served under § 735, and it must include the Good Cause eviction notice required by Real Property Law § 231-c. The New York Attorney General’s Residential Tenants’ Rights Guide puts it simply: no 14-day demand, no nonpayment case.

A separate rule helps when you are a few days late. The Attorney General’s guide and RPL § 235-e require a landlord who has not received rent within 5 days of the due date to send you a certified-mail notice of that fact, and the landlord’s failure to do so is a defense in a nonpayment case.

Termination and non-renewal notices

For tenants without rent regulation, RPL § 226-c sets the notice a landlord owes before ending a tenancy or declining to renew: at least 30 days if you have lived there less than a year with no lease of a year or more, 60 days if you have lived there one to two years or have a one- to two-year lease, and 90 days if you have been there over two years or have a lease of two years or more. Month-to-month tenants get the same timeline, according to the Attorney General.

Good Cause: when the landlord needs a reason

The Attorney General’s Good Cause page explains that Real Property Law article 6-A covers New York City and the localities that opt in; as of April 2025 the list included Albany, Ithaca, Kingston, Poughkeepsie, Rochester, Beacon, Newburgh, Nyack, Hudson, New Paltz, Fishkill, Catskill, Croton-on-Hudson and Binghamton. Small landlords and owner-occupied buildings with 10 or fewer units (4 in Albany) are exempt.

Where it applies, the landlord must show good cause even after the lease ends. Nonpayment counts, unless it resulted from an unreasonable rent increase. For a lease violation, the landlord must first send a written notice giving you 10 days to cure. Refusing a reasonable renewal offer made 30, 60 or 90 days before the lease ends is also good cause.

The Court Case

New York evictions are “summary proceedings.” A nonpayment case is for rent; a holdover case is for staying after the tenancy ended or for a substantial lease violation, as the Attorney General’s guide describes.

Nonpayment petitions: answer within 10 days

Under RPAPL § 732, the notice of petition in a nonpayment case is returnable within 10 days after service, and you must answer within 10 days from the date of service. Once you answer, the clerk sets a hearing 3 to 8 days later. If you do not answer, the judge must enter judgment for the landlord, though the warrant may be stayed up to 10 days from service.

Holdover petitions

For holdovers, RPAPL § 733 requires the notice of petition and petition to be served at least 10 and not more than 17 days before the hearing date.

Defenses New York tenants raise

• No proper rent demand, or no § 235-e late-rent notice.
• Rent only. The Attorney General notes that in a nonpayment case you can be evicted only for rent, not late fees, legal fees or other added charges.
• Warranty of habitability. Every residential lease carries an implied warranty of a livable, safe and sanitary home under RPL § 235-b, and a breach can reduce the rent owed.
• Retaliation. Under RPL § 223-b, as summarized by the Attorney General, an eviction filed within one year of a good-faith complaint about health, safety, habitability, lease rights or rent gouging is presumed retaliatory, and the landlord must prove a non-retaliatory motive by a preponderance of the evidence. Owner-occupied buildings with fewer than four units are exempt.
• No good cause in a covered locality, including an unreasonable rent increase.

Right to Counsel and Free Help

New York has no statewide right to counsel in eviction cases that we could confirm, but New York City does: the city’s Human Resources Administration says free legal services are available to tenants facing eviction in Housing Court or NYCHA proceedings in every ZIP code, regardless of immigration status. Outside the city, use LawHelpNY to find a free legal services office near you.

Judgment, Warrant and the 14-Day Notice

Only a sheriff, marshal or constable can carry out a warrant, and only after a judgment of possession, the Attorney General emphasizes. RPAPL § 749(2) requires that officer to give you at least 14 days’ written notice, served the same way as a petition, and the warrant may be executed only on a business day between sunrise and sunset.

The pay-and-stay rule is powerful. Under § 749(3), in a nonpayment case the court must vacate the warrant if you tender or deposit the full rent due at any time before it is executed, unless the landlord proves bad-faith withholding. Earlier in the case, RPAPL § 751(1) lets you stop a warrant from issuing by depositing the rent due, interest, penalties and costs with the court.

When you are removed, the landlord must give you a reasonable amount of time to take your belongings and may not keep your property or furniture, according to the Attorney General’s guide.

Hardship Stays and Appeals

If you lose, RPAPL § 753 lets the court stay the eviction for up to one year if you show that, despite reasonable efforts, you cannot find comparable housing in the neighborhood, or that eviction would cause extreme hardship. The judge weighs serious ill health, worsening of an ongoing condition, a child’s enrollment in a local school, and the landlord’s own hardship. The Attorney General notes you may have to keep paying rent during the stay.

If you want to challenge the judgment, talk to a Right-to-Counsel or legal aid lawyer right away about deadlines and about asking for a stay, because a scheduled eviction moves on the 14-day notice clock.

Illegal Lockouts

Under RPAPL § 768, anyone who has lawfully occupied a unit for 30 consecutive days, or who has a lease, cannot be put out without a court warrant or order. Using or threatening force, cutting off essential services, removing your possessions, or changing the lock without giving you a key is an unlawful eviction. The civil penalty is $1,000 to $10,000 for each violation, and an intentional violation is a class A misdemeanor. The Attorney General adds that a tenant forced out unlawfully can recover triple damages and may be restored to the home.

For security deposit rules after a move, including the 14-day itemization requirement, see our New York security deposit guide, and New York City renters can read our New York City tenant rights page.

How Long a New York Eviction Takes

These are estimates from the statutory minimums; actual court calendars, especially in New York City, are usually slower.

Worked Example: An Albany Tenant Under Good Cause

Maya rents a two-bedroom in a 24-unit Albany building, covered by Good Cause because Albany opted in and the building is not owner-occupied. Her $1,700 rent is due October 1, 2026, and she does not pay. On October 5, her landlord serves a 14-day rent demand that includes the Good Cause notice; it expires October 19.

The landlord’s nonpayment petition is served on October 23. Maya must answer within 10 days, so by November 2. She answers, raising a broken boiler she reported in writing in August, which supports both a habitability rent reduction and the one-year retaliation presumption. The hearing must be set 3 to 8 days after she answers.

If she loses, the marshal or sheriff must still give her at least 14 days’ written notice. If her family gathers the full rent due before the warrant is executed, § 749(3) requires the court to vacate it.

Frequently Asked Questions

Can my New York landlord evict me for unpaid late fees?

Not in a nonpayment case. The Attorney General’s guide says you can be evicted only for not paying rent, not for late fees, legal fees or other added charges.

Does Good Cause Eviction protect me outside New York City?

Only in localities that opted in, such as Albany, Rochester, Ithaca and Kingston as of April 2025, and only if your landlord is not a small landlord and your building is not an exempt owner-occupied one. Check the Attorney General’s page for the current list.

What notice do I get before a New York marshal locks me out?

At least 14 days’ written notice under RPAPL § 749(2), and the eviction can happen only on a business day between sunrise and sunset.

Can I ask a New York judge for more time to move?

Yes. RPAPL § 753 allows a stay of up to one year if you cannot find comparable nearby housing or would face extreme hardship, and the judge also considers the landlord’s hardship. Expect to pay rent while you stay.

My landlord took my rent payment. Is my nonpayment case over?

If you paid the full rent due before the warrant was executed, § 749(3) requires the court to vacate the warrant unless the landlord proves bad-faith withholding. Bring proof of payment to court.

What To Do Now

If you received a rent demand, count 14 days and try to pay or arrange assistance before it expires; if you received a petition, file your answer within 10 days. New York City tenants should call the city’s Right-to-Counsel program; others can search LawHelpNY. Our guides on how evictions work and the eviction process by state hub offer more context. This page is general information, not legal advice; LSC’s get legal help finder lists other free services.

Eviction cases are heard in local courts. Our New York City guide names the court that hears evictions in the city and where to get legal help.

Sources

• RPAPL § 711, § 732, § 733, § 749, § 751, § 753, § 768
• Real Property Law § 226-c and § 223-b
• New York Attorney General, Residential Tenants’ Rights Guide
• New York Attorney General, Good Cause Eviction Law
• NYC Human Resources Administration, Legal Services for Tenants
• LawHelpNY
• Legal Services Corporation, Get Legal Help