The NYC Eviction Process: A Step-by-Step Guide for Landlords

Why NYC eviction is different

New York City has some of the strongest tenant-protection laws in the country. Landlords cannot lock out a tenant, remove belongings, or shut off utilities to force a move-out — doing so is a criminal offense under Real Property Law § 853. Every eviction must go through Housing Court, and the process routinely takes 3–12 months depending on the case type, backlog, and whether the tenant contests.

Step 1: Serve the correct predicate notice

Before you can file in court you must give the tenant a written notice that states the grounds for the proceeding. The required notice varies:

• Non-payment of rent — a "Rent Demand" (typically 14 days). Since 2019 it must state the exact months and amounts owed and the name/address of the person to pay.
• Holdover — lease expired — a "Notice of Termination" with 30, 60, or 90 days depending on how long the tenant has lived there (HSTPA 2019 rules).
• Holdover — breach of lease — a "Notice to Cure" (10 days to fix the problem) followed by a "Notice of Termination" (30 days after the cure period closes).
• Holdover — illegal sublet / nuisance — specific notices with their own timelines.

The notice must be served correctly — personal delivery, substituted service, or conspicuous place (nail-and-mail) with an affidavit of service. Errors in the notice are one of the most common reasons cases are dismissed.

Step 2: File a petition in Housing Court

Once the notice period expires without resolution, you file a "Notice of Petition" and "Petition" at the Housing Court clerk's window in the borough where the property is located. You pay a filing fee (currently $45 for non-payment, $210 for holdover). The clerk assigns a court date, usually 10–17 days out.

The petition must include: full address including apartment number, the tenant's name, grounds for the proceeding, and — for non-payment — each month and amount owed.

Step 3: Serve the tenant with court papers

The Notice of Petition and Petition must be served on the tenant within specific windows before the court date. Service must be by a person over 18 who is not a party to the case. An Affidavit of Service is filed with the court before the first appearance.

Step 4: First court appearance

On the return date, both parties appear before a Housing Court judge or attorney for the court. Common outcomes:

• Stipulation (settlement agreement) — the most common result. Tenant agrees to pay arrears by a date or vacate by a date. The case is adjourned or resolved.
• Adjournment — the case is postponed, often so a tenant can get a free attorney through Right to Counsel (available to low-income tenants in all five boroughs).
• Trial date set — if there is a genuine dispute of fact.

Right to Counsel has significantly extended case timelines — budget for multiple appearances.

Step 5: Judgment and warrant

If the tenant does not pay or vacate per the stipulation, you return to court and apply for a judgment and a "Warrant of Eviction." The warrant is issued by the judge and sent to the City Marshal's office.

Step 6: Marshal execution

The City Marshal (not a sheriff or police officer — a licensed private officer) carries out the eviction. The marshal must give the tenant at least 72 hours' written notice before executing. On execution day the marshal supervises removal of the tenant and their belongings; you are responsible for storing belongings per city rules.

Total timeline: Non-payment cases with no contest often resolve in 2–4 months. Contested holdover cases can run 6–18 months, especially when Right to Counsel is involved.

Common mistakes that derail cases

• Defective predicate notice (wrong dates, missing amounts, wrong payee address)
• Improper service of the petition
• Accepting rent after serving a holdover notice (can waive the termination)
• Not keeping meticulous rent ledgers
• Misidentifying the respondent (use the name on the lease)

Counsel's guided workflow walks you through each of these checkpoints and generates your predicate notice automatically.