How to Evict a Tenant in New York

Imagine you’re a landlord in New York. Now, imagine that your tenant isn’t paying. Or perhaps they’ve violated some other terms of your lease.

While the eviction process may be your last resort, it could be something you have to consider—and it’s important to prepare accordingly. 

In this article, we discuss the ins and outs of how to evict a tenant in NY.

New York Eviction Steps

There are seven steps in the New York eviction process. 

1. Determine Legal Grounds for Eviction

Before filing for eviction, you must have a legally valid reason under New York law. Acceptable grounds for eviction include:

• Nonpayment of rent: The tenant has failed to pay rent and has not made any arrangements to resolve the issue.
• Lease violations: The tenant has broken a term of the lease, such as having unauthorized occupants, pets, or illegal activity.
• Nuisance behavior: The tenant is disturbing neighbors, damaging the property, or creating unsafe conditions.
• Holdover tenancy: The tenant remains in the unit after their lease has expired, and you do not wish to renew.

New York has strict tenant protections, so you must be certain that your case qualifies. Before proceeding, review your lease agreement and any applicable rent control or rent stabilization laws to ensure compliance.

2. Serve the Tenant with Proper Notice

New York law requires landlords to provide written notice before filing an eviction case. The type of notice depends on the reason for eviction:

• Nonpayment of rent: Serve a 14-day notice to pay or quit. If the tenant does not pay, you can move forward with eviction.
• Lease violation: Serve a 10-day notice to cure the violation. If not corrected, issue a 30-day termination notice.
• Holdover tenant: If the lease has expired, serve a termination notice based on the length of tenancy:
  • 30 days if the tenant has lived there for less than a year.
  • 60 days if they have lived there for 1–2 years.
  • 90 days if they have lived there for over 2 years.

All notices must be delivered correctly, either in person, by certified mail, or through a process server. Failing to serve the correct notice can cause the case to be dismissed in court.

3. File an Eviction Lawsuit (Holdover or Nonpayment Proceeding)

If the tenant does not comply with the notice, the next step is filing an eviction lawsuit (called a summary proceeding) in the local housing court.

• Go to the City, Town, or Village Court where the rental property is located.
• File a Petition and Notice of Petition for eviction.
• Pay the required filing fee (varies by county).
• Choose the correct type of lawsuit:
  • Nonpayment proceeding: Used when a tenant refuses to pay rent.
  • Holdover proceeding: Used when the tenant has no valid lease or has violated lease terms.

After filing, the court will schedule a hearing. The hearing date is typically 10–17 days after the tenant is served with court papers.

4. Serve the Tenant with Court Papers

Once the eviction lawsuit is filed, the tenant must be served with a copy of the court documents. New York law requires that:

• A neutral third party (not the landlord) delivers the papers. This can be a professional process server, a sheriff, or a court-appointed individual.
• The tenant is served at least 10 days before the hearing but no more than 17 days before.
• The process server must attempt personal delivery first. If the tenant is unavailable, they may leave the papers with a suitable adult or affix them to the door and mail a copy.
• After serving, the process server must complete an Affidavit of Service to confirm delivery.

Failure to follow these steps properly can result in delays or case dismissal, so using a professional process server is recommended.

5. Attend the Court Hearing

Both you and the tenant must attend the hearing on the scheduled date. If the tenant fails to appear, the judge may issue a default judgment in your favor.

During the hearing:

• Be prepared with evidence, such as:
  • The lease agreement
  • Rent payment records
  • Copies of notices served
  • Photos or documents proving lease violations
• Expect the tenant to defend themselves, possibly claiming:
  • The notice was not properly served
  • Rent was paid or an agreement was made
  • Repairs were not made, violating habitability laws
• The judge will review the case and issue a decision. If you win, the court will issue a judgment of possession and a warrant of eviction.

If the judge rules in favor of the tenant, they may be given additional time to pay or correct the issue.

6. Obtain a Warrant of Eviction

If you win the case, the court will issue a warrant of eviction, which legally allows law enforcement to remove the tenant. The key points include:

• The City Marshal or County Sheriff is responsible for carrying out the eviction.
• You cannot remove the tenant yourself—this is illegal and could lead to penalties.
• The tenant will receive a final 14-day notice before enforcement.

At this stage, some tenants voluntarily vacate to avoid forced removal. If they do not, the eviction will proceed.

7. Enforce the Eviction with a Sheriff or Marshal

If the tenant still refuses to leave, the City Marshal or Sheriff will conduct the physical eviction. The process works as follows:

• The officer will post a final 14-day eviction notice on the property.
• If the tenant remains after 14 days, the marshal or sheriff will forcibly remove them.
• You may need to hire movers to remove the tenant’s belongings.
• The locks can be changed only after the eviction is completed.

Once the eviction is carried out, you can legally regain possession of your property.

Should You Consider Eviction?

Eviction is a time-consuming and expensive process that can take weeks or months to resolve. Before filing an eviction case, consider these alternative solutions that may save you time, money, and stress.

Work Out a Payment Plan

If your tenant is struggling financially, a payment plan may be a better option than eviction. Many tenants want to pay but fall behind due to temporary setbacks. Offering a structured repayment agreement can help them catch up without legal action.

• Set clear terms: Outline the exact amount due and payment deadlines.
• Put it in writing: A written agreement protects both parties.
• Stick to the plan: Ensure payments are made on schedule to avoid further issues.

A payment plan keeps rental income flowing while avoiding the cost and hassle of court proceedings.

Offer Cash for Keys

Instead of evicting a tenant, you can offer cash for keys—a financial incentive for them to leave voluntarily. This avoids a drawn-out legal battle and gets your property back faster.

• Negotiate an amount: The payment should be enough to motivate the tenant but less than the cost of eviction.
• Set a move-out date: Ensure a firm deadline is included in the agreement.
• Get it in writing: A signed contract prevents disputes later.

While it may seem frustrating to pay a tenant to leave, it’s often cheaper and faster than eviction.

Use Mediation Services

If communication has broken down, mediation can help both parties find a resolution. A neutral third party facilitates discussions to reach a fair compromise.

• Mediators specialize in landlord-tenant disputes and can suggest creative solutions.
• It’s often cheaper than going to court, saving on legal fees and court costs.
• It keeps relationships intact, which is useful if the tenant wants to stay and improve.

Mediation is a good option when both landlord and tenant want to avoid eviction but need help finding a middle ground.

New York Eviction Frequently Asked Questions

Even with the above guidance, you may still have questions about evicting a tenant in New York. Here are some of the most common:

Can I change the locks to remove a tenant who refuses to leave?

No, changing the locks without a court order is illegal and considered an unlawful eviction.

How long does the eviction process take in New York?

It typically takes at least 30 to 90 days, but delays can extend the process further.

Do I need an attorney to evict a tenant?

While not required, having an attorney can help navigate complex housing laws and avoid mistakes.

Can a tenant stop an eviction by paying rent at the last minute?

Yes, if the eviction is for nonpayment, a tenant can often stop the process by paying the full amount owed before the court issues a final judgment.

What happens if a tenant damages the property before leaving?

You can sue the tenant for damages, deduct repair costs from the security deposit, or file a claim in small claims court.

Can I evict a tenant during the winter months?

Yes, there are no seasonal restrictions, but eviction bans may apply during state-declared emergencies or extreme weather.

Are eviction records public in New York?

Yes, eviction filings are public records and can impact a tenant’s ability to rent in the future.

Final Word

With all of this information, you should now have a better understanding of how to evict a tenant in New York.

Should you realize that the process isn’t right for you, consider the alternatives above. You can also look into selling your rental property—that way you never have to worry about tenant-related issues again.