New York Commercial Eviction Process & Yellowstone Injunctions
Learn the commercial eviction procedures in New York, including 14-day rent demands, Yellowstone injunctions, and the strict limitations on self-help evictions.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Commercial evictions in New York, governed primarily by the Real Property Actions and Proceedings Law (RPAPL) effective September 1, 1963, are among the most procedurally complex in the United States. Even with an airtight lease and clear breach, landlords face a formal court process, potential Yellowstone injunctions, and strict limitations on self-help remedies.
Grounds for Eviction
A commercial landlord can initiate eviction proceedings for:
- Non-payment of rent.
- Violation of a material lease term (unauthorized use, failure to maintain insurance, unapproved alterations).
- Holdover (remaining after the lease expires without agreement to extend).
The Eviction Process
Step 1: Pre-Litigation Notices
- Non-Payment: Serve a 14-day written rent demand specifying the amount owed. Under RPAPL 711(2), this 14-day period is a statutory minimum; lease provisions attempting to shorten this period are unenforceable.
- Lease Violations: Serve a notice to cure giving the tenant a specified period to fix the breach (typically 10-30 days depending on the lease's default provisions). If the tenant fails to cure, serve a notice of termination.
- Holdover (No Renewed Lease): Serve a termination notice with the appropriate timeframe.
Step 2: The Yellowstone Injunction
After receiving a notice of default or notice to cure, the tenant can apply to Supreme Court for a Yellowstone injunction. To obtain this relief, the tenant must request the injunction prior to the termination of the lease and the expiration of the cure period. If granted:
- The court stays (freezes) the cure period, preventing the landlord from terminating the lease.
- The tenant gets additional time to fix the violation.
- The landlord is prevented from acting on the default until the court resolves the matter.
Strategic Implications: Once a Notice of Termination is served, the court generally lacks jurisdiction to grant a Yellowstone stay. Landlords should draft cure periods and default provisions with this risk in mind and work closely with litigation counsel when serving notices.
Step 3: Filing in Court
If the notice period expires without cure (or a Yellowstone injunction is denied), the landlord files a petition in Civil Court (NYC) or the appropriate local court.
Step 4: Trial and Judgment
Both parties present evidence. If the landlord prevails, the court issues a judgment of possession and a warrant of eviction. Under RPAPL 749(2), the marshal or sheriff must provide at least 14 days' notice in writing to the tenant before executing the warrant. In NYC, only a city marshal or sheriff can execute the warrant.
Timeline Commercial
evictions in NYC frequently take 6 months to over a year from start to finish, accounting for court backlogs, potential trials, and tenant motions.
Self-Help: Permitted but Highly Restricted
Unlike residential tenancies, New York law does allow commercial landlords to use self-help evictions, but only under extremely strict conditions. To legally lock out a commercial tenant without a court order:
- The lease must explicitly contain a "right of re-entry" clause.
- The landlord must have a legal right to possession.
- The re-entry must be accomplished completely peaceably (without violence, physical force, threats, or breach of the peace).
Because even minor confrontations can render the eviction non-peaceable, courts highly discourage self-help. Unlawful or forcible self-help exposes the landlord to treble (triple) damages for wrongful eviction under RPAPL 853, lost business claims, and potential fines under the NYC Non-Residential Tenant Harassment Law (NYC Admin Code § 22-902).
How Landager Helps
Landager tracks lease terms, HSTPA deadline compliance, and security deposit interest - making it easy to handle your property portfolio while staying compliant with New York regulations.
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Sources & Official References
Frequently Asked Questions
▶What are the New York landlord-tenant laws every property owner should know?
New York is the most tenant-protective state in the US. Its regulatory framework combines the Housing Stability and Tenant Protection Act (HSTPA) of 2019 with the Good Cause Eviction Law of 2024, NYC's rent stabilization system, and extensive local ordinances. Security deposits are capped at one month's rent, late fees at $50 or 5% (whichever is lower), and landlords in NYC must demonstrate 'good cause' to evict or refuse lease renewal.
Read the complete guide▶What is the New York eviction process and how long does it take?
New York's eviction process is lengthy and highly procedural. For non-payment, landlords must serve a 14-day written demand for rent. For holdover evictions, notice depends on tenancy length: 30 days (under 1 year), 60 days (1-2 years), or 90 days (over 2 years). Self-help evictions are strictly illegal. Under the 2024 Good Cause Eviction Law, NYC landlords must demonstrate enumerated legal reasons for eviction, making the process even more demanding.
Read the complete guide▶What is the New York security deposit limit and return deadline?
Under the HSTPA, New York landlords can collect a maximum of one month's rent as a security deposit statewide — this applies to all residential tenancies regardless of whether the unit is rent-stabilized or market-rate. Landlords must return the deposit or provide an itemized statement of deductions within 14 days of the tenant vacating. Failure to comply forfeits the right to retain any portion.
Read the complete guide▶What are the New York rent increase laws and caps for landlords?
New York has multiple layers of rent regulation. NYC rent-stabilized units are governed by the Rent Guidelines Board, which set 3% for one-year and 4.5% for two-year leases in 2025-2026. Under the 2024 Good Cause Eviction Law, increases above 10% or 5% + CPI (whichever is lower) are presumed unreasonable and can be challenged in court. Market-rate units outside NYC remain unregulated unless the municipality opts into Good Cause.
Read the complete guide▶What is the grace period for late rent in New York?
New York mandates a 5-day grace period before any late fee can be assessed. Under the HSTPA, residential late fees are strictly capped at the lesser of $50 or 5% of the monthly rent. Late fees alone cannot be the basis for an eviction proceeding — landlords must pursue a separate non-payment action through Housing Court if rent remains unpaid after the 14-day demand notice.
Read the complete guide▶What disclosures must New York landlords provide to tenants?
New York requires extensive pre-lease disclosures including lead-based paint (plus NYC Local Law 1 for pre-1960 buildings), bed bug infestation history (NYC), flood risk and prior flood damage (statewide since 2023), mold history and remediation (NYC), Good Cause Eviction coverage status, window guard requirements for units with children under 11 (NYC), and smoke and carbon monoxide detector compliance.
Read the complete guide▶What is Good Cause Eviction in New York and how does it affect landlords?
Effective April 20, 2024, the Good Cause Eviction Law transformed the landscape for market-rate apartments in NYC and opt-in municipalities. Landlords must now demonstrate enumerated legal reasons (non-payment, nuisance, illegal use, refusal of access) to evict or refuse lease renewal. The law also caps rent increases — increases above 10% or 5% + CPI are presumed unreasonable and tenants can challenge them in court.
Read the complete guide▶What are New York landlord maintenance obligations and habitability standards?
New York enforces the implied warranty of habitability, requiring landlords to maintain properties in livable condition. This includes working plumbing, heating (minimum 68°F during the day, 62°F at night from October to May), electrical systems, pest control, and structural integrity. NYC has additional requirements including window guards, lead paint abatement, mold remediation, and elevator maintenance. Tenants may withhold rent if habitability violations remain unaddressed.
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