Hiring an Eviction Lawyer in New York: What Landlords Should Expect

New York evictions are summary proceedings under Article 7 of the Real Property Actions and Proceedings Law. The 2019 Housing Stability and Tenant Protection Act lengthened every notice period, and the 2024 Good Cause Eviction Law now limits no-fault evictions in New York City and a growing list of opt-in municipalities. Outside the city an uncontested nonpayment case can still finish in two to three months. Inside the city, plan on four to eight months, and longer if the tenant is represented. The guide's advice is blunt: assume you need counsel for anything beyond a simple nonpayment case outside the city.

What a New York landlord attorney actually does

• Sorts out Good Cause coverage. In New York City, and in opt-in municipalities, a covered tenant cannot be evicted or refused renewal without a statutory good cause. Exemptions depend on unit count, owner occupancy, rent level, building type and certificate of occupancy date.
• Picks the proceeding. A nonpayment proceeding under RPAPL 711(2) or a holdover under RPAPL 711(1) for everything else.
• Drafts and serves the predicate notices. That includes the five-day late notice by certified mail, the written 14-day rent demand, or a 30, 60 or 90 day non-renewal notice under RPL 226-c, with the Good Cause notice appended where RPL 231-c requires it.
• Serves under RPAPL 735. Personal delivery, substituted service with a mailing, or conspicuous-place service with both certified and regular mailings. The guide calls defective service the most common reason cases are dismissed.
• Files the Notice of Petition and Petition, handles answers and adjournments, and tries the case.
• Manages the warrant. A city marshal in New York City or the sheriff elsewhere serves a 14-day notice of eviction before executing it.

What it costs in New York

Most New York landlord attorneys handle an uncontested case for a flat fee, and contested cases move to hourly billing. Beyond the attorney's fee, the guide states one court cost: the notice of petition fee is $45 in NYC Housing Court, the district courts and the city courts, and $20 in town and village justice courts. Marshal or sheriff charges and any mover for a full eviction are additional, so ask what the flat fee includes. Budget a contested New York City case for several court dates, since the guide expects three to five.

The mistakes New York lawyers are hired to prevent

• Defective notice or service, the most common reason for dismissal.
• Skipping the five-day certified late notice, which is a defense.
• Leaving out the Good Cause notice where it is required in the lease, renewal, rent demand or petition.
• Putting late fees, legal fees or other charges on the rent demand or petition. RPAPL 702 allows only rent in a residential summary proceeding.
• Assuming a won lease-breach holdover ends the case. The court must grant a 30-day stay for the tenant to cure, and a hardship stay of up to one year is possible under RPAPL 753.
• Self-help eviction, a class A misdemeanor under RPAPL 768 with civil penalties of $1,000 to $10,000 per violation.

When to bring in an attorney

Corporations and LLCs must appear through an attorney in any event. Beyond that, hire counsel when the property is in New York City or an opt-in Good Cause municipality, when the case is a holdover, when the tenant raises a warranty of habitability counterclaim or retaliation, or when the tenant has free counsel. New York City's Right to Counsel program provides lawyers to tenants aged 60 and over regardless of income, and to other tenants at or below 200 percent of the federal poverty level, which is why many Housing Court cases are adjourned for the tenant to find a lawyer.

Questions to ask before you hire

Ask which courts the firm files in, whether Housing Court in New York City or a district, city, town or village court. Ask whether it checks Good Cause coverage and prepares the required notices. Ask whether the flat fee covers adjournments, trial and the marshal's notice. And ask how it handles rent-regulated apartments, which have their own stricter rules.

Where to start

Read the New York eviction process guide for the full sequence and timeline, then look at the New York eviction attorneys listed here. Firms are organized by city and county, and you can contact them from any listing. Nothing on this page is legal advice; check the current statutes and your court's requirements before you act.