New York City · Eviction process

The NYC eviction process: a complete step-by-step guide for 2026.

New York City Housing Court processes more eviction cases than any other court system in the United States — and it is widely recognized as one of the most tenant-protective. NYC evictions routinely take 2 to 6 months for uncontested cases, and 6 to 18 months or longer when contested. Understanding the exact procedural sequence before you serve any notice is what separates cases that succeed from cases that get dismissed.

⚠️ This page provides general legal information, not legal advice. Laws change and individual circumstances vary. Consult a licensed attorney for guidance on your specific situation.

NYC eviction law at a glance — 2026

NYC evictions are governed by the Real Property Actions and Proceedings Law (RPAPL), Article 7. Two major changes have reshaped the landscape: the Housing Stability and Tenant Protection Act (HSTPA) of 2019 extended the rent demand from 3 days to 14 days and created new 30/60/90-day termination notice requirements; and the Good Cause Eviction Law of 2024 requires landlords to have good cause to evict or non-renew leases for most market-rate units. Self-help eviction — changing locks, removing belongings, shutting off utilities — is a Class A misdemeanor under RPAPL § 768, punishable by triple damages.

Step 1 — Identify the correct type of proceeding

NYC Housing Court handles two types of eviction proceedings, and filing the wrong type is the most common reason cases are dismissed. The type depends on why you are seeking to remove the tenant.

Proceeding type	When to use	Predicate notice required	Statute
Nonpayment proceeding	Tenant has a lease and has not paid rent	14-day written rent demand	RPAPL § 711(2)
Holdover — lease expired or violated	Lease ended, or tenant violated lease terms	30/60/90-day Notice of Termination (or 10-day Notice to Cure first)	RPAPL § 711(1)
Holdover — roommate (subtenant)	Roommate paid you rent and won't leave	30/60/90-day Notice of Termination	RPAPL § 711
Holdover — licensee	Person lives with you free, never paid rent	10-day Notice to Quit	RPAPL § 713(7)
Holdover — squatter	Person entered without permission and never had it	10-day Notice to Quit	RPAPL § 713(3)

Step 2 — Check Good Cause Eviction Law applicability

The Good Cause Eviction Law (effective April 2024, fully integrated by 2026) requires landlords of most market-rate residential units to have good cause to evict or non-renew a lease. Good cause includes nonpayment of rent and lease violations — so for standard eviction cases, the law does not block you from proceeding. However, under Good Cause, a tenant may raise a defense if the landlord imposed an unreasonable rent increase above CPI plus 5 percent.

!Good Cause key exemptions

Good Cause does NOT apply to: owner-occupied buildings with 10 or fewer units, buildings built within the last 30 years, condos and co-ops, rent-stabilized and rent-controlled units (covered by separate regulations), and tenancies under one year.

Owner-occupied buildings ≤ 10 units: exempt
Buildings built after 1994 (30-year rule): exempt
Rent-stabilized units: separate rules under HSTPA
Tenancy under 1 year: exempt from Good Cause

Step 3 — Serve the correct predicate notice

A predicate notice is the required written notice that must be served before filing in Housing Court. Without a valid predicate notice, the petition will be dismissed. The type and period depends on your proceeding type.

Notice type	Period	When required
14-Day Rent Demand	14 days	Before filing nonpayment proceeding — RPAPL § 711(2)
5-Day Late Rent Reminder (certified mail)	5 days after rent due date	Required first if rent is 5+ days late — RPL § 235-e(d)
10-Day Notice to Cure	10 days to fix violation	Curable lease violations — must precede Notice of Termination
Notice of Termination	30 days (under 1 yr) / 60 days (1-2 yrs) / 90 days (2+ yrs)	Holdover proceedings — HSTPA
10-Day Notice to Quit	10 days	Licensee holdover (RPAPL § 713(7)) and squatter removal

!5-day certified mail reminder — often overlooked

Under RPL § 235-e(d), if rent is 5 or more days late, the landlord must send a written notice by certified mail stating that rent was not received before serving the formal 14-day rent demand. Failure to comply with this requirement can be raised by the tenant as an affirmative defense in the nonpayment proceeding. If you have not been sending these notices, address this with an attorney before filing.

Must be sent by certified mail
Triggered when rent is 5+ days late
Must precede the 14-day rent demand
Tenant can raise non-compliance as a defense

Step 4 — File the petition in Housing Court

File in the Housing Court of the borough where the apartment is physically located. The filing fee is $45. You can use the free DIY petition programs at nycourts.gov/courthelp to prepare the papers — separate programs exist for nonpayment, roommate holdover, and licensee holdover.

Borough	Housing Court	Address	Phone
Manhattan	New York County	111 Centre Street, NY 10013	(646) 386-5750
Brooklyn	Kings County	141 Livingston Street, Brooklyn 11201	(347) 404-9133
Queens	Queens County	89-17 Sutphin Blvd, Jamaica 11435	(718) 262-7100
Bronx	Bronx County	1118 Grand Concourse, Bronx 10456	(718) 618-3700
Staten Island	Richmond County	927 Castleton Avenue, SI 10310	(718) 675-8458

Step 5 — Have papers served on the tenant

After filing, the Notice of Petition and Petition must be served on the tenant using RPAPL § 735 methods: personal delivery, substituted service (leave with adult at premises + mail copy), or nail-and-mail (affix to door + mail, when other methods fail after reasonable attempt). The landlord cannot serve the papers. Use a process server ($50–125) or another adult over 18 not involved in the case. The server must complete an Affidavit of Service, which you file with the court.

Step 6 — First court date and Right to Counsel

The first court date is set 10–17 days after service. As of 2026, NYC's Right to Counsel program covers all zip codes in the five boroughs for income-eligible tenants at or below 200 percent of the federal poverty level. This means a substantial proportion of tenants in Housing Court now have free attorney representation — and self-represented landlords face experienced tenant-side lawyers. Clean paperwork and correct procedure are essential.

Cases go first to the Resolution Part where a court attorney facilitates settlement discussions. Many nonpayment cases settle here through a stipulation — an agreed payment plan or move-out date. Holdover cases often involve more litigation. If no settlement is reached, the case is adjourned for trial.

1
Identify proceeding type
Nonpayment (rent owed) vs holdover (lease ended or violated) vs licensee (no rent, no lease). Wrong type = dismissal.
This determines everything that follows
2
Check Good Cause Eviction Law
Applies to most market-rate units. Does not block standard evictions but allows rent increase defense. Verify if your building is exempt.
Effective April 2024
3
Send 5-day certified mail reminder (nonpayment)
Required under RPL § 235-e(d) when rent is 5+ days late. Must precede the 14-day rent demand. Send by certified mail.
Often overlooked — tenant defense if skipped
4
Serve predicate notice
14-day rent demand (nonpayment) or 10-day Notice to Quit (licensee) or 30/60/90-day Notice of Termination (holdover). Use RPAPL § 735 service methods. Keep Affidavit of Service.
No valid notice = dismissed petition
5
File petition in correct borough Housing Court
File where the apartment is located. $45 filing fee. Use nycourts.gov/courthelp DIY programs for free forms.
Wrong borough = dismissal
6
Have papers served by process server
Cannot serve yourself. Process server $50–125. Affidavit of Service must be filed with court.
RPAPL § 735
7
Appear on first court date — Resolution Part
Bring all documents: notice, affidavit of service, lease, rent ledger. Many cases settle via stipulation. Expect tenant may have free attorney.
10–17 days after service
8
Obtain Warrant of Eviction after judgment
After judgment, marshal serves warrant. Under RPAPL § 749, minimum 14-day wait before execution. Marshal fees: $135–200.
14-day minimum — RPAPL § 749

Preparing an NYC eviction case?

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How long does an NYC eviction take in 2026?

Case type	Typical timeline	Key variable
Nonpayment — uncontested (tenant defaults)	6–10 weeks	Marshal scheduling after warrant
Nonpayment — tenant appears, pays in full	1–3 court appearances	Paid before or at first date
Nonpayment — contested with Right to Counsel attorney	3–6 months	Motions, adjournments, trial
Holdover — licensee (10-day notice)	2–4 months uncontested	Notice period + court calendar
Holdover — roommate (30-90 day notice)	3–6 months	Long notice period + court calendar
Any case in Bronx or Brooklyn Housing Court	Add 4–8 weeks	Higher caseload, more adjournments

The most common reasons NYC evictions get dismissed

Wrong proceeding type — nonpayment filed when it should be holdover, or vice versa
Defective predicate notice — wrong amount, wrong period, improper service, wrong notice type
Filing in the wrong borough — must match where the apartment is physically located
Skipping the RPL § 235-e(d) 5-day certified mail reminder before the rent demand
Serving the papers yourself instead of using a process server
Demanding fees, late charges, or legal fees in a nonpayment petition — only rent is recoverable
Incorrect termination notice period — 30/60/90 days based on tenancy length under HSTPA
Failure to name all occupants in the unit

When to consult a NYC attorney before proceeding

The unit is rent-stabilized or rent-controlled — DHCR has jurisdiction over certain proceedings
You are a corporation or LLC — entities cannot be represented by non-attorneys in Housing Court
The tenant has filed an HPD complaint or raised habitability defenses
The Good Cause Eviction Law may apply and you have raised rent significantly
The tenant claims succession rights or ownership interest
There is any history of domestic violence, threats, or active orders of protection
The case involves multiple tenants or a complex occupancy history

Frequently Asked Questions

How long does an eviction take in NYC?

For an uncontested nonpayment case where the tenant defaults and does not appear: 6–10 weeks from serving the 14-day rent demand to marshal execution of the Warrant of Eviction. For a contested case with a Right to Counsel attorney: 3–6 months minimum, often longer in the Bronx and Brooklyn where caseloads are highest. Holdover cases — particularly roommate and licensee proceedings — add the predicate notice period (10 to 90 days) before court filings can even begin. NYC consistently has longer eviction timelines than any other major US city.

What is the filing fee for an eviction in NYC Housing Court?

The filing fee is $45 for both nonpayment and holdover petitions, paid to the Clerk of the Civil Court at the Housing Court cashier. Add process server costs ($50–125) and city marshal fees ($135–200) if the case goes to warrant execution. A self-represented landlord handling an uncontested case can expect total costs of $250–400. Attorney fees for contested cases typically add $1,500–4,000 or more.

What is the Good Cause Eviction Law and how does it affect my case?

The Good Cause Eviction Law (effective April 2024) requires landlords of most market-rate residential units in NYC to have good cause to evict a tenant or refuse to renew a lease. For standard nonpayment and lease violation cases, Good Cause does not block the eviction — these are recognized good causes. However, under Good Cause, a tenant may raise a defense if the landlord imposed a rent increase above CPI plus 5 percent. Key exemptions include owner-occupied buildings with 10 or fewer units, buildings built within the last 30 years, and condos and co-ops.

Does my tenant have a right to a free lawyer in NYC Housing Court?

Potentially yes. NYC's Right to Counsel program (Local Law 136 of 2017) provides free full legal representation to tenants at or below 200 percent of the federal poverty level. As of 2026, coverage has expanded to all five boroughs. This means many tenants in NYC Housing Court proceedings now have experienced attorneys on their side at no cost. For landlords, this makes clean paperwork and correct procedure more important than ever — procedural errors that might be overlooked against an unrepresented tenant will be caught and raised by a Right to Counsel attorney.

Can I evict a tenant in NYC without a lawyer?

Yes — individual landlords (not corporations or LLCs) can represent themselves in NYC Housing Court. The New York State Courts Access to Justice Program provides free DIY computer programs at nycourts.gov/courthelp for nonpayment petitions, roommate holdovers, and licensee holdovers. However, once a case becomes contested and the tenant has a Right to Counsel attorney, self-represented landlords face a significant disadvantage. For contested cases or rent-stabilized units, attorney representation is strongly recommended.

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