How eviction legally works in NYC (landlord guide)

Evicting a tenant in New York City is a court process, and only a court process. If you own or manage rental property here, the single most important thing to understand is that you can never remove a tenant yourself, no matter how far behind they are on rent or how clearly they have broken the lease. A tenant who is still living in the unit is a legal occupant with rights, and the only lawful way to get them out is to win a case in Housing Court and have a city marshal or sheriff carry out the eviction. This guide walks through how that process actually works in 2026, step by step, so you stay on the right side of the law and protect yourself from serious penalties. It is written for landlords who want to do things correctly. It is not legal advice, and for anything but the simplest case you should talk to a lawyer.

Two kinds of eviction cases

Almost every residential eviction in NYC is one of two types of "summary proceeding" filed in the Housing Part of Civil Court:

• Nonpayment proceeding. You are suing because the tenant owes rent and you want the money or possession of the unit. The tenant can usually stop the case at almost any point by paying everything they owe.
• Holdover proceeding. You want the tenant out for a reason other than unpaid rent — the lease ended and you are not renewing (subject to the limits below), the tenant broke a serious lease term, there is illegal activity, or the tenant stayed past a terminated tenancy. Money is not the point; possession is.

Choosing the wrong type, or getting a notice wrong, is the most common reason cases get dismissed and landlords have to start over months later. This is a big part of why an attorney pays for itself.

Step 1: The predicate notice

You almost never go straight to court. New York requires a "predicate notice" first — a written warning that gives the tenant a chance to fix the problem or move. Serve the wrong notice, or skip it, and the case is dead on arrival.

Situation	Required notice (2026)	What it gives the tenant
Tenant owes rent	14-day rent demand (written)	14 days to pay the full amount owed or move out. Oral demands are no longer allowed.
Tenant violated a lease term you can cure	Notice to Cure	Usually at least 10 days to fix the violation before you can terminate.
Violation not cured, or an incurable breach	Notice of Termination	Ends the tenancy on a stated date; then you may file a holdover.
Ending a month-to-month or expired tenancy	Notice of non-renewal / termination — 30, 60, or 90 days	30 days if tenant occupied under 1 year; 60 days for 1–2 years; 90 days for 2+ years.

The notice period depends on how long the tenant has lived there, so count carefully and keep proof of how and when you served it. If you use a written lease or need a starting point for a proper rent demand or termination notice, our free NY document templates can help you get the format right — but templates are a starting point, not a substitute for review in a contested case.

Step 2: Good Cause Eviction may limit your reasons

Since 2024, New York's Good Cause Eviction law protects many market-rate tenants who are not already covered by rent stabilization. Where it applies, you cannot simply refuse to renew a lease or evict without a "good cause" reason listed in the statute (such as nonpayment of lawful rent, a substantial lease violation, or the owner needing the unit for personal use), and rent increases above a stated threshold can be challenged as unreasonable.

Good Cause is opt-in for many localities but applies broadly in New York City, with important exemptions — owner-occupied buildings with a small number of units, certain new construction, units already regulated, and housing above a high-rent threshold, among others. Whether a specific unit is covered is genuinely complicated. Before you file a holdover based on non-renewal, confirm whether Good Cause applies to your building. Guessing wrong wastes months.

Step 3: Filing in Housing Court

Once your notice period has run and the problem is not fixed, you (or your attorney) file a Notice of Petition and Petition with the Housing Part of the Civil Court in the borough where the property sits. The papers must then be properly served on the tenant, usually by a licensed process server, following strict rules about how and when.

1. File the petition and pay the filing fee.
2. Have the tenant served correctly (personal, substituted, or "conspicuous"/nail-and-mail service, with mailing follow-ups).
3. The tenant gets a chance to answer and raise defenses (bad notice, repairs owed, rent overcharge, discrimination, and more).
4. The court schedules a first appearance. Many cases settle here through a written "stipulation" — often a payment plan or a move-out date.
5. If there is no settlement, the case moves toward trial before a judge.

Step 4: Judgment, warrant, and the marshal

If you win, the court issues a judgment of possession and a warrant of eviction. Here is the part landlords most often get wrong: the warrant does not let you remove the tenant. It authorizes a New York City marshal (or sheriff) to do it. The marshal must serve the tenant with a separate Notice of Eviction — at least 14 days' warning — before physically carrying out the eviction. Only the marshal may enter and remove the occupants. Your job at that stage is to wait, cooperate with the marshal, and arrange lawful storage of any belongings as directed. Even after a judgment, tenants can sometimes ask the court to stop or delay the eviction (an "order to show cause"), especially if they can now pay or show hardship.

How long does it really take?

There is no such thing as a fast NYC eviction. Even a clean, uncontested nonpayment case usually takes several months from first notice to a marshal at the door. A contested holdover, a case with defenses, adjournments, or a tenant seeking more time can easily run six months to a year or more. Court backlogs and the tenant's right to counsel in many cases lengthen things further. Budget for the delay, keep collecting evidence, and do not let frustration push you toward self-help.

When to hire an attorney

You are allowed to represent yourself in Housing Court, and for a simple, uncontested nonpayment you might. But you should strongly consider a landlord-tenant attorney when:

• The tenancy is rent-stabilized or possibly covered by Good Cause Eviction.
• The tenant has a lawyer, raises defenses, or countersues over conditions.
• It is a holdover based on lease violation, illegal activity, or non-renewal.
• Your property is an LLC or corporation — entities generally must appear through counsel.
• You are unsure your predicate notice was correct. A defective notice is the number-one case killer.

Good documentation makes any case easier and cheaper. Keep signed leases, a ledger of payments, dated notices with proof of service, and records of repairs and communication. If you also want to help reliable tenants build credit while they rent from you, learn how it works on our landlord overview and in our explainer on the NY rent-reporting law.

Frequently asked questions

Can I change the locks if my tenant stops paying?

No. Changing the locks on an occupied unit is an illegal lockout, even after a court judgment, until a city marshal carries out the eviction. The tenant can sue you for triple damages plus attorney's fees, and you can face criminal charges. The only lawful path is Housing Court followed by a marshal.

What is the difference between a nonpayment and a holdover case?

A nonpayment case is about money — you want unpaid rent and possession, and the tenant can usually stop it by paying in full. A holdover is about possession for another reason, such as an expired lease, a serious lease violation, or illegal activity. They require different notices and different strategies.

Do I still need a written 14-day notice if the tenant obviously owes rent?

Yes. New York requires a written 14-day rent demand before a nonpayment case. Oral or informal demands are not enough, and skipping the written notice will get your case dismissed. Serve it properly and keep proof.

Does Good Cause Eviction stop me from ending a lease?

It can. Where Good Cause applies, you generally need one of the reasons listed in the law to refuse renewal or evict, and large rent increases can be challenged. There are real exemptions, so confirm whether your specific building is covered before filing a non-renewal holdover.

How long before I can actually get the unit back?

Plan on several months at minimum, and often much longer if the case is contested or the tenant seeks more time. There is no legal shortcut, and trying to speed it up with self-help will cost you far more than the wait.

Can I throw out belongings the tenant left behind?

Not on your own. Removal and storage of a tenant's property happen through the marshal-supervised eviction, and there are rules about storage and notice. Handle it as the marshal and the court direct, not by tossing things to the curb.

Official sources

• NYC Housing Court (NY State Unified Court System) — how summary proceedings work, forms, and DIY resources.
• New York State Unified Court System (nycourts.gov) — official court forms and the Notice of Petition / Petition.
• NYS Homes and Community Renewal (HCR) — rent regulation and tenant-protection guidance.
• New York State Attorney General — tenants' rights and unlawful-eviction enforcement.
• NYC Department of Housing Preservation & Development (HPD) — housing conditions and owner obligations.

This guide is educational information, not legal advice. Facts current as of July 2026; laws change — verify with the official sources above.