New York Eviction Laws: 2025 Step by Step Process & Costs

Look, I'm going to level with you. If you're a New York landlord reading this, you're probably either about to pull your hair out or have already started the process. Maybe rent hasn't been paid in months. Maybe there's a dog that's definitely not a "service animal" tearing up the floors. I've been there with my own properties, and I've sat with hundreds of clients in those bleak housing court hallways. The fluorescent lights, the stacks of paperwork, the feeling that the system is designed to make you give up.

It is. And that's the first thing you need to understand.

This isn't a guide full of legalese. It's the playbook I wish I'd had when I got my first eviction notice as a landlord in Queens 15 years ago. We're going to talk real numbers, real timelines, and the real strategies that actually work (and the ones that will sink you). We'll link directly to the laws so you can see I'm not blowing smoke, and I'll tell you when to call a lawyer—because sometimes, that's the only smart move.

Part 1: The Uncomfortable Truth About New York Evictions

Forget what you see on TV. In New York, especially in the five boroughs, "landlord rights" is often an oxymoron. The New York Real Property Actions and Proceedings Law (RPAPL) isn't just a set of rules; it's an obstacle course where the hurdles get higher if you miss a step.

Here’s the core truth no seminar tells you: The process isn't about speed; it's about endurance. You're not racing to an eviction. You're surviving a bureaucratic siege.

And the cardinal sin? Taking matters into your own hands. I once had a client in Williamsburg who was so fed up with a non-paying tenant that he changed the locks on a Friday. By Monday, the tenant had a free lawyer from a housing non-profit. My client wasn't just ordered to let the tenant back in; he was hit with a judgment for harassment, had to pay the tenant's temporary housing, and wrote a check for $8,000 in damages. That lock change cost him nearly a year's worth of rent and a permanent mark on his record with the NYC Department of Housing Preservation and Development (HPD).

The Only Path is Through Housing Court. Full stop. Any other route ends with you being the defendant.

1.1 The "Why": Valid Reasons That Actually Hold Up in Court

You need a reason that's not just good, but provable. Judges have heard every story. Here's what flies:

• Non-Payment of Rent (RPAPL § 711(2)): The most straightforward, yet still a minefield. Did you know your 14-Day Rent Demand letter can't have the wrong dollar amount by even one cent? Or that if it's too "threatening," a judge might toss it? I've seen it happen. The demand must be perfect.
• Lease Violation (RPAPL § 711(1)): This is where "details or die" becomes your mantra. "Tenant has a pet" isn't enough. It needs to be: "Per Lease Clause 4(d), tenant is prohibited from keeping animals. As observed on [date] and documented in photo [link], a large, un-crated dog is being housed in the unit." Then, you must give a Notice to Cure—a chance to fix it. No notice? Case dismissed.
• Holdover After Lease Ends: The tenant's lease is up, and they won't leave. For month-to-month tenants, the notice period isn't a suggestion—it's gospel (NY Real Property Law § 226-c). Get the timeline wrong, and you're starting over.
• Illegal Activity: This feels like it should be fast. It rarely is. You need evidence—police reports are gold—and even then, the court process must be followed.

Part 2: The Grueling Step-by-Step (What 6-12 Months Looks Like)

Let's walk through the marathon. This is the reality for a contested case in NYC. Upstate is slightly faster, but not by much.

Phase 1: The Paper War (Weeks 1-4)

Action: Serve the pre-court notice.
The Trap: Service itself. You can't just slide it under the door. The rules for "conspicuous place service" (taping to the door) plus mailing are strict. If the tenant claims they never got it, you need an airtight Affidavit of Service. I pay a professional process server for this every single time. It's worth the $75.

Phase 2: Housing Court - The "Hurry Up and Wait" (Months 1-6)

Action: File the "Notice of Petition & Petition."
The Reality: You file, pay the fee (~$185 in NYC), and get a court date. That first date isn't a trial. It's a "conference." The court attorney will try to broker a deal: "Tenant agrees to pay $500/month on the arrears, landlord agrees not to execute the warrant for 6 months." Most cases "settle" here—which often means you, the landlord, make a concession.

If you don't settle, it gets adjourned (delayed). And adjourned again. A tenant requesting an Emergency Rental Assistance Program (ERAP) application can pause everything for months. Each court appearance is a half-day lost.

Phase 3: Trial & Judgment (Months 6-9)

If you finally get before a judge, you need a binder of evidence. Not a folder. A binder.

• The lease.
• The rent demand and proof of service.
• A certified rent ledger from your software (this is where digital records save you).
• Every photo, email, and text. Printed. In triplicate.
  The judge rules. If you win, you get a Judgment of Possession and a Warrant of Eviction. But the warrant is stayed for 14 days.

Phase 4: The Marshal & The Lockout (Months 9-12)

After the stay, you hire a City Marshal. You don't choose; you get the one assigned to your case. They post a 72-hour notice. Then, and only then, do they return to physically evict. The whole time, the tenant can file an "Order to Show Cause" to stop it, claiming hardship, illness, etc. It can feel endless.

Part 3: The Financial Bleeding - A Cost Breakdown That Hurts

Let's talk cold, hard cash. The filing fee is the least of it.

For the tenant, the cost is a public court record that will haunt them for years, making it nearly impossible to rent a decent place again. It's a life-altering loss.

Part 4: How to Avoid This (Or Short-Circuit It)

For Landlords: The Ounce of Prevention

1. Screening is Your #1 Job. Credit, criminal, eviction history. But dig deeper. Call the previous landlord, not the current one. Verify income with pay stubs, not just a letter. In New York, you need a tenant who can survive a financial hiccup.
2. Your Lease is Your Constitution. It must be New York-specific. It should detail everything: late fees, utility responsibilities, guest policies, a clear clause on rent demands. Don't download a free one. Pay a lawyer $500 to draft a good one. It's the best insurance you'll buy.
3. Talk Before You Type. The day rent is late, send a text. "Hey, just saw rent didn't come through, everything okay?" Often, a small, human connection resolves what a legal notice escalates. Document the call, then follow up in writing.
4. Consider "Cash for Keys" Early. When you see the writing on the wall, offering a financial incentive for a clean, quick vacancy can be a brilliant business decision. $5,000 to avoid $30,000 in lost rent and $10,000 in legal fees is a win. Get a signed "Surrender Agreement" drafted by a lawyer.

For Tenants in Trouble:

1. Get a Lawyer Yesterday. In NYC, you have a right to counsel in housing court. Call The Legal Aid Society or your borough's legal services. A lawyer can find defenses you don't know exist (like repair issues) and negotiate a settlement that avoids an eviction on your record.
2. Apply for Every Assistance Program. ERAP, One Shot Deal through HRA. Even if funds are limited, applying can sometimes legally pause an eviction.
3. Communicate in Writing. If your landlord agrees to a payment plan over the phone, send a follow-up email: "Per our conversation, I will pay $X on [date]." Create a paper trail.

FAQ: The Questions You're Actually Asking

Q: What's the fastest possible eviction in NYC?
A: If the tenant voluntarily leaves after the 14-day rent demand, maybe 30 days. If they contest it at all, you are looking at a minimum of 4-5 months. Fast is not a word used here.

Q: Can I refuse to renew a lease?
A: For a market-rate apartment outside of rent-stabilization, yes. You must give proper notice (30, 60, or 90 days based on tenancy length). You don't need a reason. But if the tenant suspects it's discriminatory (e.g., after they complained about repairs), they can challenge it.

Q: My tenant stopped paying after I didn't fix the oven. Can they do that?
A: They can't withhold all rent, but they can use the Warranty of Habitability (RPL § 235-b) as a defense in court. The judge may reduce the rent they owe (abate it) for the time the oven was broken. This is why repair requests are emergencies.

Q: What happens to the tenant's stuff?
A: Under NY General Obligations Law § 7-208, you have to store it, send a notice, and can eventually sell it. The rules are a headache. Many landlords include a clause in the surrender agreement that the tenant abandons all property.

"This is Why I Use Hemlane" – A Confession

I own a few units in Brooklyn. After my second eviction nightmare—the one that took 11 months—I realized something: I'm a decent landlord, but I'm not a New York housing court lawyer. The forms, the deadlines, the marshal schedules... it was a second, terrible job.

That's the hole Hemlane fills. It's not just software; it's a stress-relief valve for New York landlords.

How they saved my sanity last year:
When a tenant in my Bed-Stuy duplex stopped paying, I didn't start Googling "14-day demand." I clicked "Initiate Delinquency" in Hemlane. Their system generated a legally perfect rent demand and had it served. When that expired, their partnered NYC law firm filed the petition. I got updates in plain English, not legalese. They handled the court calls, the adjournments, the negotiation. I showed up once, with my binder, because I wanted to. They coordinated with the marshal.

I got my unit back in 5 months (a miracle by NYC standards). Was it free? No. But compared to my previous $22,000 eviction (lost rent + legal fees), it was a fraction of the cost. More importantly, it was 80% less of my time and 100% less of my daily dread.

You manage the property. Let Hemlane manage the crisis.

Sources & Where to Go for Help

• New York State Senate: Real Property Actions and Proceedings Law (RPAPL): Read the actual eviction law here.
• NYC Housing Court: Information and location finder.
• The Legal Aid Society (NYC): Free legal help for qualifying tenants.
• NYC HPD (Housing Preservation & Development): Code enforcement and landlord/tenant resources.
• NY State Office of Temporary and Disability Assistance (OTDA): Portal for emergency rental assistance (ERAP).

A final, necessary plea: I write from experience, not a law degree. New York housing law changes constantly. The difference between a Brooklyn judge and a Rochester judge can be night and day. If you are facing an eviction—as a landlord or a tenant—please, invest in a consultation with a specialized attorney. It is the single most important step you can take.