Residential Eviction

To initiate an eviction, the landlord must first deliver a valid notice. In fixed-term leases, a non-renewal or lease violation must be communicated through proper channels. In month-to-month agreements, the notice period varies. Recent laws mandate longer notification periods, up to 90 days, depending on the length of occupancy. Improper notice is one of the most common reasons for a court to dismiss an eviction case, making this step essential.

New York landlords must serve specific types of notices based on the violation. The chart below summarizes key notice types:

These notices must be delivered via legally accepted methods. Without proper notice, any eviction proceeding may be dismissed by the court. The service must strictly comply with Civil Practice Law and Rules (CPLR) standards to be deemed legally valid. The affidavit of service documenting this delivery is a key piece of evidence in any subsequent court proceeding.

The court process typically includes the following steps:

• Petition Filing – The landlord files a summary proceeding in the appropriate court.
• Service of Process – The tenant must be legally served with notice of the hearing and the petition.
• Court Appearance – Both parties present evidence, often attempting mediation first.
• Judgment and Warrant of Eviction – If the landlord prevails, a Warrant is issued.
• Marshal Enforcement – If the tenant still refuses to vacate, a city marshal executes the eviction after statutory notice.

In most cases, the tenant has a few days after judgment before enforcement. Delays can occur if the tenant requests hardship extensions or appeals the decision. The court’s primary goal is to ensure due process, meaning the landlord must strictly adhere to procedural deadlines at every stage.

Eviction proceedings often revolve around key factual or legal issues:

• Was rent truly unpaid?
• Did the tenant correct a breach after being notified?
• Was proper notice served?
• Is the landlord retaliating for complaints?
• Is the tenant eligible for protections (e.g., disabled or elderly)?

Landlords must be ready to defend every element of the case with valid documentation. A tenant may raise "warranty of habitability" claims, arguing the landlord failed to make necessary repairs, which can offset unpaid rent. Understanding and preemptively addressing these common disputes is key to a successful summary proceeding.

Landlords who bypass the legal process may face:

• Criminal charges for illegal lockout or harassment.
• Civil liability for damages or tenant relocation costs.
• Fines from city agencies.

Entering the rental unit without notice, removing the tenant’s belongings, or changing locks without a court order can result in serious legal consequences. These illegal "self-help" measures can lead to punitive damages awarded to the tenant. New York courts treat illegal evictions with extreme severity to discourage actions that circumvent the formal judicial process.

Before initiating any action, landlords should prepare:

• A copy of the written lease and any amendments.
• Rent ledgers or clear proof of payment default.
• All served notices (with the signed affidavit of service).
• Communication records with the tenant.

Courts give significant weight to well-prepared documentation. Incomplete or missing records often result in case dismissal. A meticulously organized file that tracks every interaction is the single most important factor in proving a landlord's claim. This preparation should begin the moment a violation occurs, long before filing an eviction.

After the court issues the Judgment, a Warrant of Eviction is requested and signed. The marshal then serves a 14-day Notice of Eviction to the tenant.

If the tenant remains after the 14 days, the marshal may carry out a physical eviction. Belongings may be removed and placed in storage for 30 days at the tenant’s cost. The marshal's notice is the final warning, and the date written is the earliest the physical eviction can occur. Landlords should not attempt to contact the tenant or enter the premises after the marshal has been directed to execute the warrant.

Even after a judgment, tenants may request:

• Hardship stays due to medical or financial circumstances.
• An "Order to Show Cause" for review of procedural errors.
• Emergency relief during cold seasons or housing shortages.

Judges in Housing Court may delay enforcement for humanitarian reasons. A common request is a "stay of execution," which temporarily halts the marshal's action to give the tenant extra time. Landlords should prepare for the possibility of these delays and avoid relying on an immediate date for possession of the property.