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Eviction Laws
Reasons for Eviction in New York
- Non-payment of rent
- Lease violations
- Lease expiration
- Illegal activity
- Owner’s intent to occupy premises (but you must have cause or you’ll have to wait until the lease ends)
Notice to Vacate
At the end of the lease term, landlords must provide:
- A 30-day notice to quit for lease terms under one year
- A 60-day notice to quit for lease terms of one year (but less than two years)
- A 90-day notice to quit for lease terms greater than two years
However, an eviction due to illegal activity does not require any notice period, meaning the landlord can file a suit immediately.
Illegal activity includes:
- Prostitution
- Using the premises as a bawdy house
- Engaging in illegal trade or the manufacturing of illegal business
Notice to Comply
For nonpayment of rent, the landlord must provide a 14-day notice to pay.
For a lease violation, the landlord must provide a 10-day notice to comply. If the violation isn’t fixed, the landlord must issue a 30-day notice to vacate.
Learn more about the eviction process, including the average cost.
Serving the Tenant
- Notices can be served by hand delivery, posting the document in an obvious place, or mailing it via certified/registered mail. We recommend the latter so you have a record of delivery.
- The summons and complaint can be served by a private process server (Monday-Saturday, religious holidays excluded) or the Sheriff by:
- Leaving the papers with someone at the rental unit, then mailing a copy by first class and certified mail
- Posting the documentation in a conspicuous place
Tenant Possessions
There is no law on how long a landlord must hold abandoned property after the tenant has left, but it is customary to hold items for 30 days before the landlord disposes of them.
If the landlord wishes to sell the abandoned property to recoup debt and receives a money judgment from the court, they must have an execution prepared and hand that over to the Sheriff. Then, the Sheriff will prepare an inventory of the goods, retain an auctioneer, schedule an auction, and advertise the sale in a newspaper.
After paying off the costs involved in the auction, the net proceeds of the sale are the property of the landlord up to the amount of the money judgment.
Eviction Timeline
Below you’ll learn the average timeline for a complete eviction in New York. This projected timeline could change based on the complexities of your specific case.
Typically, the New York eviction process takes anywhere between two to six months.
How to Start the Eviction Process in New York?
Serve the required notice to your tenant. If they don’t pay or fix issues within the required time, you can file for unlawful detainer. File this complaint with the court where the property is located.
A hearing date is usually set at this time. Then, serve the tenants the complaint and summons.
If the tenant fails to show up at their hearing, the court will enter a default judgment in favor of the landlord. If the tenant shows up and requests a trial, that will be scheduled.
If the court finds in the landlord’s favor, a writ of possession will be awarded. From there, serve the warrant of eviction to tenants, giving them up to 14 days to leave the premises.
The Sheriff will finish the physical eviction if tenants do not leave.
How to Stop the Eviction Process in New York?
Tenants can pay the rent owed to stop the eviction process. Otherwise, the landlord can file a motion to dismiss the eviction action.
How Long is the Eviction Process in New York?
The eviction process in New York lasts between two to six months on average, though it could be longer depending on your unique circumstances.
Jeanne Sanford
Jeanne Sanford is the Paralegal at TurboTenant where she uses her experience to make sure all leases, forms and help center articles are up to date with the latest laws and regulations impacting our landlords.
