Eviction Law in New York
New York has some of the most tenant-friendly laws in the country, and one wrong step can cause delays, losses, or even legal trouble for landlords.
But eviction doesn’t have to be a drawn-out battle. With a firm understanding of New York eviction procedures—and a legally valid reason to proceed—you can take action with confidence.
If you’re ready to start the eviction process the right way, we can help. Our network can connect you with a qualified New York eviction attorney who understands both local housing laws and how to protect your rights as a property owner.
What Is an Eviction?
Eviction is the legal process of removing a tenant from a rental property, typically after serious lease violations—most often nonpayment of rent. In New York, however, the process can be slow, expensive, and full of legal pitfalls. Landlord-tenant laws tend to favor renters, meaning even a clear-cut case can stall if the proper procedures aren’t followed to the letter.
That said, not every eviction notice ends in court. Sometimes, the notice itself is enough to get a tenant back on track. A formal warning may prompt payment or compliance with lease terms, avoiding a full legal eviction altogether. Still, it’s important to document every step and prepare for the possibility that the situation may escalate.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a New York tenant is consistently late with rent or stops paying altogether, it may be time to begin the eviction process. Occasional delays might be forgiven, but repeat offenses can quickly erode the landlord-tenant relationship. Even in a tenant-friendly state like New York, habitual nonpayment is a legally valid reason to serve notice.
New York law allows tenants a five-day grace period after rent is due to make payment without immediate penalty. While pandemic-related protections have lapsed, this grace period remains in effect under current legislation. However, if the tenant continues to miss payments or abuses the grace window, you can move forward with a formal notice.
As always, documentation is key. Each time rent is missed or delayed, issue a written notice and keep a copy for your records. If the matter reaches court, you’ll want proof showing the tenant was given every opportunity to pay and failed to follow through.
The Tenant Violates the Terms or Conditions of the Lease Agreement
In New York, a lease is more than a formality—it’s a binding legal agreement. When a tenant violates the terms of that agreement, such as allowing unauthorized occupants or failing to comply with pet restrictions, landlords are well within their rights to take action. These violations may justify serving a formal notice of termination and starting the eviction process.
It’s important to remember that lease obligations go both ways. Just as tenants must follow the rules, New York landlords are also expected to uphold their end of the bargain. That includes handling repairs, honoring service commitments, and maintaining safe living conditions.
The Tenant Damages the Property
Some wear and tear is inevitable when tenants occupy a unit. Scuff marks, worn carpets, or chipped paint come with the territory. However, if a tenant causes major destruction—like holes in walls, broken windows, or intentional vandalism—you may have clear grounds for eviction under New York law.
Before pursuing removal, assess whether the damage is cosmetic or structural. If your tenant is making repairs or improvements without permission, that alone may not justify eviction. But if the damage impacts habitability or safety—and the tenant refuses to correct it—then you may need to act quickly to protect your investment.
The Tenant Uses the Property for Illegal Purposes
Using your rental property for illegal purposes is one of the most serious lease violations. Whether it’s drug distribution, weapons storage, or operating a business without proper zoning or licensing, this kind of conduct creates major liability concerns and can place neighboring tenants at risk.
If you suspect illegal activity, gather evidence carefully. Police reports, witness accounts, or photos can strengthen your case. New York landlords cannot act solely on suspicion—documentation is key to initiating an eviction for illegal use and avoiding wrongful eviction claims.
How to Evict a Tenant in New York
Step 1. Check Your Local Laws
Eviction laws in New York come with strict procedural requirements—and those rules can differ depending on the city or borough. Before you post a notice or file anything in court, it’s critical to understand exactly what the law allows. Missteps in the process, even small ones, can delay your case or cause it to be dismissed entirely.
New York tenants have some of the strongest legal protections in the country. The New York State Attorney General offers a detailed guide outlining those rights, many of which landlords should be familiar with before pursuing eviction.
Here are a few examples of what tenants may be entitled to under New York law:
- Higher penalties for landlords who pursue eviction as retaliation for complaints or legal actions
- The right to request up to one year to find a comparable rental within the same area
- Dismissal of eviction proceedings for non-payment if the tenant pays the amount due before judgment
- A reasonable timeframe to retrieve personal property after being removed from the premises
Step 2. Give a Formal Notice of Eviction
If your tenant continues to break the terms of your lease despite prior conversations or informal warnings, it’s time to move forward with a formal eviction notice. This written notice should clearly outline the lease violation, explain what action the tenant must take to fix the issue and give a final opportunity to resolve the problem before legal steps proceed. Think of it as your last good-faith effort before taking the matter to court.
Your eviction notice should include specific details: the amount of rent owed (if applicable), the deadline to either pay or vacate, and the consequences of failing to comply. If you’re unsure how to draft this properly, you can reference online templates or speak with a local attorney to make sure it meets state and city legal requirements.
In New York, this notice must be delivered by a designated official—such as a constable, marshal, or sheriff. Once served, the tenant is legally given 14 days to leave the property. If they don’t move out within that timeframe, law enforcement has the authority to carry out the eviction and remove them from the premises.
Step 3. File the Eviction with the Court
Once you’ve served the eviction notice and the required time has passed, your next step is to file a petition with the appropriate court. In most parts of New York, eviction cases go through the City Courts.
However, if the property is located in New York City, your case will be handled by the NYC Housing Court system, which is designed specifically to resolve landlord-tenant disputes.
Step 4. Contact an Experienced New York Eviction Attorney and Prepare for the Hearing
Before stepping into court, it’s wise to consult with a New York eviction attorney. Legal guidance can help you prepare your case thoroughly and avoid missteps that could delay or derail the process. Be sure to bring all necessary documentation to the hearing, including:
- A copy of the lease agreement
- Rent payment records
- Any bounced checks
- Emails, texts, or letters exchanged with the tenant
- A copy of the eviction notice
- Proof that the tenant received the eviction notice (such as a return receipt or process server affidavit)
Step 5. Evict the Tenant
If the court rules in your favor, the tenant will be given a set period to vacate the property—usually between 48 hours and one week, depending on local procedures. In New York, law enforcement such as a sheriff, marshal, or constable will handle the physical removal if the tenant fails to leave voluntarily.
Landlords are not permitted to carry out the eviction themselves. Any attempt to change the locks or shut off utilities without court involvement could lead to legal trouble for the property owner.
Step 6. Collect Past-Due Rent Payments
Winning an eviction case doesn’t guarantee you’ll recover unpaid rent. In many cases, landlords must pursue separate efforts to collect the money owed. Depending on your situation, you may be able to recover past-due rent through:
- Hiring a debt collection agency
- Filing for wage garnishment
- Requesting a tax refund garnishment
- Suing in small claims court for the balance owed
Work with an Experienced Eviction Attorney in New York
Tenants in New York are often well-versed in their rights—and many won’t hesitate to challenge your eviction notice if they think there’s a loophole.
That’s why having an experienced New York eviction attorney can make all the difference. A lawyer can help you navigate every step of the process, ensure your paperwork is airtight, and represent your interests in court if needed.
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified New York attorney on your side can take the pressure off your back, and help ensure a court victory. We can even help you connect with an attorney across New York state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
Do you have a different legal concern that requires a lawyer? We have a network of attorneys for any area of law you need in New York.
