Evictions in New York — Information Only

Two kinds of eviction cases

A New York eviction is a court case, called a summary proceeding, brought in the local court for the property. A nonpayment proceeding is for a tenant who has not paid rent; the landlord asks for the rent and, if it is not paid, possession. A holdover proceeding is for a tenant who is staying after the tenancy has ended, such as an expired lease, a month-to-month tenancy the landlord has terminated, or a lease violation; the landlord asks for possession.

Notice comes first

A landlord cannot start either case without first serving the right written notice. For nonpayment, that is a written rent demand giving the tenant at least 14 days to pay. For a holdover, it is a termination notice, and the length depends on how long the tenant has been in the unit: 30 days for less than one year, 60 days for one to two years, 90 days for two years or more. A case started on a defective notice is dismissed and has to be started over.

Only a court can remove a tenant

Changing the locks, shutting off utilities, or removing a tenant’s belongings without a court order and a marshal or sheriff is an unlawful eviction. It is a crime in New York and exposes the landlord to damages. The only lawful path is a judgment of possession from the court and a warrant executed by a marshal or sheriff.

How long it takes

From the first notice to the day a marshal can act is usually measured in months, not weeks. Court calendars, adjournments, a tenant’s answer, and post-judgment stays all add time. A landlord who has received a notice of a case against the property, or a tenant who has been served with a petition, should treat the dates on the papers as hard deadlines.