New York Eviction Process: Notice & Good Cause Protections
Understand the New York eviction process including 14-day rent demands, holdover notices, the 2024 Good Cause law, and self-help eviction prohibitions.
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.
Evicting a tenant in New York is one of the most heavily regulated processes in the United States. Governed primarily by the Real Property Actions and Proceedings Law (RPAPL), which became effective September 1, 1963, the state's procedural requirements—amplified by the 2024 Good Cause Eviction Law—create a lengthy, court-driven process designed to protect tenants from arbitrary displacement.
Good Cause Eviction
Effective April 20, 2024, the Good Cause Eviction Law (codified in RPL Article 6-A) applies in New York City and any other municipality that opts in. It requires landlords to demonstrate a legally defined "good cause" to evict a tenant or refuse to renew their lease.
Enumerated "Good Causes" Include:
- Non-payment of rent (but only if the demanded increase was "reasonable").
- The tenant is causing a nuisance or engaging in illegal activity.
- The tenant refuses access for necessary repairs.
- The landlord intends to demolish or substantially renovate the building (with specific conditions).
- The landlord or their immediate family member intends to occupy the unit personally.
What This Means for Landlords
If your property is covered by the Good Cause Eviction Law, you can no longer simply decline to renew a lease at its expiration. You must prove one of the enumerated causes and provide the appropriate notice as required under RPL § 226-c.
Pre-Eviction Notices
Non-Payment of Rent: The 14-Day Demand
Before filing a non-payment proceeding under RPAPL § 711(2), the landlord must serve a 14-day written demand for rent. The notice must state the amount of rent owed and the approximate period during which the rent accrued. If the tenant pays the amount owed within the 14 days, the landlord cannot proceed.
Holdover: Termination Notices
For non-rent-related evictions (lease expiration, lease violations, etc.), the required notice period depends on the tenant's length of occupancy under RPL § 226-c:
This sliding scale was established by the HSTPA and applies statewide for month-to-month tenancies and tenancies at will.
The Court Process
All evictions in New York go through Housing Court (a part of the Civil Court of the City of New York) or local City, District, or Town and Village Courts (outside NYC).
- Filing the Petition: After the notice period expires, the landlord files a petition and notice of petition with the court.
- Service: The tenant must be properly served with the petition.
- The Hearing: Both parties appear before a judge. Tenants have the right to an attorney, and in NYC, low-income tenants have access to free legal counsel through the "Right to Counsel" program.
- The Judgment & Warrant: If the landlord prevails, the court issues a judgment of possession and a warrant of eviction (RPAPL § 749). Even after the warrant issues, the tenant generally has at least 14 days before a marshal or sheriff can execute the eviction.
Self-Help Evictions: Strictly Illegal
No matter how far behind on rent a tenant may be, a New York landlord may never:
- Change the locks.
- Shut off utilities or services.
- Remove the tenant's belongings.
- Block access to common areas.
- Use threats, intimidation, or harassment.
These actions constitute illegal lockouts under RPAPL § 768, and the tenant can call the police, obtain an emergency court order, and sue the landlord for significant damages.
Rent-Stabilized Tenant Protections
Rent-stabilized tenants have even stronger protections under the Emergency Tenant Protection Act (ETPA). Landlords must renew the lease upon expiration (at the RGB-approved rate), and eviction is limited to an even narrower set of causes, such as the landlord's personal occupancy (owner use) with stringent verification requirements.
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.
Frequently Asked Questions
▶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.
▶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 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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