New York Eviction Process: Timeline From Notice to Removal

New York evictions run through the Real Property Actions and Proceedings Law, and the sequence is the same statewide even though local courts and waiting times vary. This article is part of New York landlord-tenant law: rights, rules, and leases, and it walks through the eviction timeline in order: the grounds, the notices, the court filing and service, the hearing, the warrant, and the delays that can stretch a case out.

The eviction process stage by stage

A residential eviction in New York is a court case called a summary proceeding, and it follows the same sequence in every county. From the first notice to the day a marshal or sheriff carries out the warrant, an uncontested case commonly runs a few weeks to a few months; a contested case, or one where the tenant obtains more time from the court, can take considerably longer. The stages below show the order and the main deadline attached to each.

1. A written notice to the tenant

   Every case starts with a notice. For unpaid rent, the landlord serves a written 14-day rent demand under RPAPL § 711(2). To end a month-to-month tenancy or decline to renew a lease, the notice period is 30, 60, or 90 days depending on how long the tenant has lived there, set by RPL § 226-c.

2. Filing the petition in court

   If the tenant does not pay or move out, the landlord files a petition and a notice of petition to begin the summary proceeding under RPAPL § 731. The dispute now becomes a court case with an index number and a return date.

3. Serving the court papers

   The papers must reach the tenant through one of the methods in RPAPL § 735. In a holdover case, the notice of petition is served at least 10 and no more than 17 days before the court date under RPAPL § 733.

4. The hearing and the answer

   The tenant can answer and raise defenses. In a nonpayment case the tenant generally has 10 days to answer, and once the tenant answers the clerk sets a trial 3 to 8 days later, under RPAPL § 732. Contested cases are often adjourned one or more times.

5. Judgment and the warrant of eviction

   If the landlord wins, the court enters judgment and issues a warrant of eviction under RPAPL § 749. The warrant is directed to a sheriff, marshal, or constable, not to the landlord.

6. The 14-day notice and removal

   Before carrying out the warrant, the enforcement officer must give the tenant at least 14 days’ written notice and can remove the tenant only on a business day between sunrise and sunset, under RPAPL § 749(2).

Nonpayment vs. holdover: what starts the case

New York sorts almost every residential eviction into one of two categories, and the category sets the notice and the paperwork. A nonpayment case is brought when a tenant falls behind on rent that is due under the lease. A holdover case covers everything else: a tenant who stays after the lease term ends, a tenant with no lease whose tenancy the landlord has ended, or a tenant accused of violating a lease term.

Both are authorized as summary proceedings by RPAPL § 711, which lists the grounds where a landlord-tenant relationship exists. A person who never had permission to occupy the unit is a squatter rather than a tenant and is handled under a different section, so the timeline in this article applies to tenants and lawful occupants.

The notices a landlord must serve first

No New York eviction can go straight to court. The landlord has to serve a notice first, and the type of notice depends on the reason for the case.

For unpaid rent, RPAPL § 711(2) requires a written 14-day rent demand that gives the tenant the choice to pay the balance or give up the apartment. For a holdover, the landlord instead serves a termination or non-renewal notice. Under RPL § 226-c, the notice period scales with the length of the tenancy: at least 30 days for a tenant of less than a year, 60 days for one to two years, and 90 days for two years or more. The same tiers apply when a landlord wants to raise the rent by 5 percent or more or decline to renew.

These termination and non-renewal notices are the subject of New York’s eviction notice rules, which cover the exact wording and timing each type requires. Tenants in rent-stabilized apartments in New York City have added protections, because a stabilized lease generally must be renewed and can be ended only for specific grounds.

Going to court: petition, service, and the hearing

When the notice period ends without payment or a move-out, the landlord files a petition and a notice of petition to start the summary proceeding under RPAPL § 731. The papers then have to reach the tenant through one of the service methods in RPAPL § 735: personal delivery, delivery to another suitable adult at the home or workplace, or, if neither works, posting a copy on the door and mailing copies by both certified and regular first-class mail. Proof of service is filed with the court within three days.

Timing then depends on the case type. In a holdover case, the notice of petition is served at least 10 and no more than 17 days before the court date under RPAPL § 733. In a nonpayment case governed by RPAPL § 732, the tenant generally has 10 days to answer, and once the tenant answers the clerk schedules a trial 3 to 8 days later.

At the hearing, the tenant can raise defenses. Common ones include improper service, a defective notice, and a breach of the warranty of habitability when the landlord has not kept the unit in livable condition. A tenant who was properly served but does not appear risks a default judgment for the landlord.

The warrant of eviction and the move-out

A judgment for the landlord is not the same as an eviction. The court next issues a warrant of eviction under RPAPL § 749, addressed to a sheriff, marshal, or constable. Only that officer can carry it out, and only on a business day between sunrise and sunset.

Before the removal, the officer must give the tenant at least 14 days’ written notice. In a nonpayment case, the tenant can still stop the eviction by paying the full rent owed at any time before the warrant is executed; RPAPL § 749(3) requires the court to vacate the warrant on full payment unless the landlord shows the rent was withheld in bad faith.

What can slow the timeline, and what a landlord cannot do

Several things can extend a New York eviction well beyond the basic schedule. Courts routinely grant adjournments, especially while a tenant gathers evidence or looks for a lawyer. Under RPAPL § 753, a tenant in a dwelling can ask the court to stay the warrant for up to one year on a showing of extreme hardship, such as serious illness or an inability to find comparable housing nearby, as long as the tenant keeps paying the ongoing rent into court. The same section requires the court to grant a 30-day stay in a lease-violation holdover so the tenant can cure the breach.

What a landlord cannot do is skip the court entirely. Removing a tenant by changing the locks, taking off the door, or shutting off heat or utilities is an unlawful eviction under RPAPL § 768. It is a class A misdemeanor and carries a civil penalty of $1,000 to $10,000 per violation, and the tenant can be restored to the apartment. The New York Attorney General and New York City housing agencies treat self-help lockouts as illegal regardless of how far behind the tenant is on rent.