Last updated: August 4, 2026
New York Eviction Process 2026: Timeline + Costs ($3K–$10K)
The complete step-by-step guide to legally evicting a tenant in New York — from serving notice to marshal lockout, with real costs and timelines for both NYC and upstate.
Key Takeaways
- Slowest eviction in the US — 60–180 days upstate, 6–12 months in NYC
- Good Cause Eviction (2024) limits termination grounds for 10+ unit buildings statewide
- 14-day demand for rent required before nonpayment filing (NYC)
- 30/60/90-day notice for lease termination based on tenancy length
- Cost: $3,000–$10,000 upstate, $10,000–$15,000+ in NYC with attorney
- Right to Counsel: NYC tenants in certain zip codes get free attorneys
- ERAP protections may still affect pending cases from the COVID era
Evicting a tenant in New York takes 60–180 days upstate and 6–12 months in NYC. The process requires proper notice (14-day demand for rent, or 30/60/90-day termination notice), filing a petition in Housing Court (NYC) or local court (upstate), and waiting for a hearing. NYC’s Right to Counsel program provides free attorneys to tenants in certain zip codes, which significantly extends timelines. Total costs range from $3,000 to $15,000+.
Step 1: Determine Grounds for Eviction
New York recognizes two types of eviction proceedings: nonpayment (tenant owes rent) and holdover (all other grounds). If your building has 10+ units, the 2024 Good Cause Eviction law (RPL §226-c) requires you to have a specific legally recognized reason to evict or decline to renew.
Nonpayment Grounds
- Tenant owes rent
- Must send 14-day demand first
- Only base rent — no fees
- Most common proceeding type
Holdover Grounds
- Lease expired / month-to-month termination
- Material lease violation
- Nuisance or illegal activity
- Owner personal use
- Refusal to allow access
Good Cause rules may require lease renewal
Step 2: Serve the Correct Notice
The type and length of notice depends on the eviction grounds and the length of tenancy. Serving the wrong notice or using an invalid service method will get your case dismissed.
| Notice Type | Days | When to Use | Statute |
|---|---|---|---|
| 14-Day Demand for Rent | 14 | Nonpayment of rent | RPAPL §711(2) |
| Notice to Cure | 10 | Curable lease violation | RPL §226-b |
| 30-Day Termination | 30 | Tenancy under 1 year | RPL §232-a |
| 60-Day Termination | 60 | Tenancy of 1–2 years | RPL §232-a |
| 90-Day Termination | 90 | Tenancy of 2+ years | RPL §232-a |
| Good Cause Non-Renewal | 30–90 | Non-renewal of covered tenant | RPL §226-c |
Critical: Service methods in New York are strictly defined. Personal delivery, substituted service (leave with person of suitable age + mail), or conspicuous place service + mail. Email and text are NOT valid. The method of service must be documented in an affidavit of service.
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Try Free →Step 3: File Court Petition
If the tenant does not comply with the notice, file a petition in the appropriate court. The court and process differ significantly between NYC and upstate.
NYC: Housing Court
- File petition + notice of petition
- Filing fee: $45 (nonpayment) or $45 (holdover)
- Court assigns return date (5–12 days)
- Must serve tenant via process server
- Backlog: 3–6 months for first hearing
Upstate: City/Town/Village Court
- File petition in local court
- Filing fee: $20–$45
- Hearing typically within 10–21 days
- Process server or sheriff serves papers
- Generally faster than NYC
Step 4: Court Hearing
New York eviction hearings are procedurally complex. Tenants have multiple opportunities to delay, and judges frequently grant adjournments.
If Tenant Does Not Appear (Default)
Court may enter a default judgment. However, NYC Housing Court frequently sends tenants “Order to Show Cause” notices to vacate defaults, which reopens the case. Default judgments in NYC are less reliable than upstate.
If Tenant Appears and Contests
The case proceeds to trial or settlement conference. Common defenses: improper notice, warranty of habitability violations, retaliation, discrimination, Good Cause Eviction protection, and ERAP application. NYC judges frequently grant multiple adjournments, each adding 2–4 weeks.
Stipulation of Settlement
Many NYC cases settle via stipulation — tenant agrees to pay back rent and/or vacate by a specific date. If the tenant breaches the stipulation, you can file a motion to execute the warrant without a new trial. This is often the fastest path to resolution in NYC.
Hardship Stay
Even after judgment, the court can stay eviction for up to 1 year if the tenant demonstrates hardship (illness, inability to find alternative housing, etc.). This is a significant risk factor for NYC landlords budgeting the cost of eviction.
Step 5: Warrant of Eviction & Marshal
After the court issues a judgment of possession, you must obtain and execute a warrant of eviction through a city marshal (NYC) or county sheriff (upstate).
Warrant of Eviction
The court clerk issues the warrant after the judgment. In NYC, the tenant must receive at least 14 days’ notice from the marshal before execution. Upstate, the sheriff typically provides 72 hours’ notice.
NYC Marshal Execution
There are 38 city marshals in NYC. You select one and pay the marshal’s fee ($210–$350). The marshal posts a 14-day notice on the door, then returns to execute the eviction. Scheduling delays can add 2–4 weeks beyond the 14-day notice.
Property Left Behind
New York does not have a specific statute governing abandoned property after eviction like California does. However, best practice is to store belongings for a reasonable period (typically 30 days) and attempt to notify the tenant before disposal. Document everything with photos.
Never self-help evict. Changing locks, shutting off utilities, removing belongings, or physically removing a tenant is illegal in New York. You can be charged with a Class A misdemeanor, liable for actual damages, and the tenant can be restored to possession immediately. Only a marshal or sheriff can execute an eviction.
Eviction Costs Breakdown
New York eviction costs vary dramatically between NYC and upstate. Lost rent during the extended process is almost always the largest expense.
| Item | Upstate | NYC |
|---|---|---|
| Court filing fee | $20–$45 | $45 |
| Process server | $50–$100 | $75–$150 |
| Attorney fees | $1,500–$3,500 | $3,000–$8,000 |
| Lost rent during process | $2,000–$6,000 | $6,000–$24,000 |
| Marshal / sheriff fee | $100–$200 | $210–$350 |
| Unit turnover / repairs | $500–$2,000 | $1,000–$3,000 |
| Total | $3,000–$10,000 | $10,000–$15,000+ |
NYC vs. Upstate Timeline
The same legal process takes dramatically longer in New York City due to Housing Court backlog, Right to Counsel, and judicial practice.
| Phase | Upstate | NYC |
|---|---|---|
| Serve notice | 14–90 days | 14–90 days |
| File + serve petition | 5–10 days | 5–14 days |
| Wait for hearing | 10–21 days | 30–120 days |
| Trial / adjournments | 1–30 days | 30–90 days |
| Warrant + marshal/sheriff | 3–14 days | 14–42 days |
| Total (uncontested) | ~60 days | ~90 days |
| Total (contested) | 90–180 days | 6–12+ months |
Right to Counsel Impact
NYC’s Universal Access to Counsel program (Local Law 136 of 2017) provides free legal representation to tenants in eviction proceedings who live in designated zip codes and meet income guidelines (200% of federal poverty level).
What This Means for Landlords
- Tenants with counsel are far more likely to contest and raise procedural defenses
- Cases take longer — attorneys request adjournments, file motions, and challenge notice validity
- Settlement outcomes shift — tenants negotiate more favorable stipulations
- 84% of represented tenants remain in their homes (NYC stats)
- Budget 2–4x the timeline compared to unrepresented tenant cases
Good Cause Eviction as a Defense
Since 2024, tenants in covered buildings (10+ units) can raise Good Cause Eviction (RPL §226-c) as an affirmative defense in holdover proceedings. This means even if your notice is technically perfect, the tenant can argue they are protected.
How to Prepare
- Document everything — lease violations, complaints, communications, photos
- Confirm your building is exempt before assuming you can non-renew without cause
- State the specific cause in your non-renewal notice (required under RPL §226-c)
- Keep rent increases reasonable — increases above CPI + 5% or 10% (whichever is lower) are presumed unreasonable
- Consult an attorney — Good Cause defense strategies are still evolving as courts interpret the 2024 law
5 Mistakes That Kill New York Eviction Cases
1. Skipping the 14-Day Demand for Rent
HSTPA requires a written demand for rent at least 14 days before filing a nonpayment petition. Filing without this demand — or filing before the 14 days have elapsed — results in dismissal. The demand must specify the amount owed and how to pay.
2. Wrong Termination Notice Period
Since HSTPA, month-to-month termination notices must match tenancy length: 30 days (under 1 year), 60 days (1–2 years), or 90 days (2+ years). Using the wrong period voids the notice.
3. Ignoring Good Cause Requirements
Attempting to non-renew a covered tenant (10+ unit building) without stating a legally recognized cause. The tenant’s attorney will raise Good Cause as a defense, and the court will dismiss if you cannot prove cause.
4. Improper Service
Service in New York must follow specific methods: personal, substituted (person of suitable age + mail), or conspicuous place + mail. Serving by email, text, or regular mail alone is not valid. The affidavit of service must be filed with the court.
5. Self-Help Eviction
Changing locks, shutting off utilities, or removing belongings without a court order is a Class A misdemeanor in New York. The tenant can be restored to possession, and you face criminal charges plus civil liability for damages.
Frequently Asked Questions
How long does eviction take in New York?
Upstate, an uncontested eviction takes approximately 60 days. A contested case can take 90–180 days. In New York City, even uncontested cases take around 90 days due to court backlog, and contested cases routinely take 6–12 months. Right to Counsel (free tenant attorneys) adds significant time in NYC, and courts can grant hardship stays of up to one year.
How much does it cost to evict a tenant in NYC?
Direct costs (filing fees, process server, marshal) are relatively low at $300–$600. Attorney fees range from $3,000 to $8,000 for a contested case. However, lost rent during the extended NYC timeline is typically the largest expense — at a median rent of $3,000/month, 6 months of lost rent adds $18,000. Total cost including lost rent is commonly $10,000–$15,000+.
Can I evict a tenant without a lawyer in New York?
Yes, landlords can represent themselves in New York eviction proceedings. However, given NYC’s Right to Counsel program, your tenant may have a free attorney while you do not. Procedural errors — wrong notice, improper service, missed deadlines — are the most common reasons cases get dismissed, and they are more likely without legal representation. For NYC cases, attorney representation is strongly recommended.
Related Resources
NY Eviction Notice Templates
Free copy-paste notice templates with correct statutory language for every New York notice type.
Get templates →NY Landlord-Tenant Laws Hub
Complete guide to HSTPA, Good Cause Eviction, rent stabilization, and deposit rules.
Read the guide →NY Security Deposit Laws
1-month cap, 14-day return, interest-bearing accounts, and penalties.
See the rules →NY Landlord-Tenant FAQ
20 answers to the most common New York landlord-tenant questions.
Read FAQ →Compliance Engine
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Written by Rachid Abadli
Property manager and founder of LeaseBase
This guide covers the New York eviction process under RPAPL Articles 7 and 7A, RPL §226-c (Good Cause Eviction), and HSTPA (2019). Sources verified against NY Legislative Information, NYC Housing Court records, and NYC Bar Association resources.
This guide is for informational purposes only and does not constitute legal advice. Eviction laws and procedures vary significantly between NYC and upstate jurisdictions, and local ordinances may impose additional requirements. Consult a qualified New York attorney for guidance on your specific situation.