Outline of the Eviction Process in New York

1. Grounds for Eviction

• Legal reasons required (just-cause for regulated units):
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized occupants, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (with just cause for regulated units).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault (e.g., owner occupancy, market withdrawal).
• Laws: N.Y. Real Prop. Law § 226-c, § 228; Real Prop. Acts Law § 701 to § 767; Housing Stability and Tenant Protection Act (HSTPA).

2. Notice to Quit

• Written Notice to Quit or Termination served:
  • Non-payment: 14-day demand to pay or vacate.
  • Lease violation: 10-day notice to cure, then 30-day notice to vacate if uncured.
  • Month-to-month: 30-day (under 1 year), 60-day (1–2 years), or 90-day (over 2 years) notice.
  • No-fault/end of lease: 30/60/90-day notice (with just cause for regulated units).
  • Illegal activity or holdover: 30-day notice to vacate.
• Delivery: Personal delivery, substituted service, or conspicuous place delivery (with mailing).
• Tenant can cure by paying rent (within 14 days) or fixing violation (within 10 days).

3. Filing the Eviction Case

• File Petition for Eviction in Housing Court, City Court, Town/Village Justice Court, or District Court.
• Documents: Petition, Notice of Petition, Notice to Quit, lease, proof of service, non-military affidavit.
• Fee: ~$20–$45 (varies by court).
• Timing: After notice period expires (e.g., 15th day for 14-day notice).

4. Serving the Summons and Complaint

• Process server, sheriff, or non-party serves papers 10–17 days before hearing.
• Methods: Personal delivery, substituted service, or conspicuous place delivery (with mailing).
• Tenant must file Answer or appear within 10–17 days.

5. Court Hearing

• Held 14–30 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Warrant of Eviction if landlord wins.
• Appeal: 14 days to Appellate Term or County Court (requires bond).
• Warrant issued: ~14–21 days post-judgment; sheriff/marshal serves 72-hour notice (14-day in NYC).

7. Physical Eviction

• Sheriff or marshal removes tenant; no mandatory storage (30 days in NYC at tenant’s expense).
• Tenant may reclaim stored property by paying costs.
• Law: N.Y. Real Prop. Acts Law § 749.

8. Tenant Protections

• Rights:
  • Cure violations (14 days for rent, 10 days for lease issues), just-cause for regulated units, defenses (retaliation, discrimination, habitability).
  • Right to counsel (NYC, some counties), rent control/stabilization protections.
  • No self-help evictions (landlord penalties include treble damages or reinstatement).
• Resources:
  • Legal Aid Society (212-577-3300), legalaidnyc.org, nycourts.gov.

Notes

• Disclaimer: General guide; consult a lawyer. Local rent control may apply.
• Sources: N.Y. Real Prop. Law § 226-c, § 228; Real Prop. Acts Law § 701 to § 767; nycourts.gov; legalaidnyc.org.

Eviction Process by State