New York Eviction Rules
Official notice periods, filing timelines, and legal citations for this state.
Notice Requirements
Nonpayment of Rent
14 days
Lease Violation
10 days
When can the landlord file?
Landlord may file a nonpayment or holdover proceeding after the notice period expires.
Tenant answer deadline
Typically at or before the first court appearance date stated in the petition.
Hearing timeline
Often 4–12 weeks or longer in busy courts (especially NYC), depending on backlog and whether the case is contested.
Lockout / physical eviction
Only a marshal, sheriff, or constable may perform the eviction after a warrant of eviction is issued.
Eviction Process Timeline
Notice Period (Nonpayment)
14 days
Notice Period (Lease Violation)
10 days
Landlord Can File
Landlord may file a nonpayment or holdover proceeding after the notice period expires.
Tenant Answer Deadline
Typically at or before the first court appearance date stated in the petition.
Hearing Timeline
Often 4–12 weeks or longer in busy courts (especially NYC), depending on backlog and whether the case is contested.
Lockout / Physical Eviction
Only a marshal, sheriff, or constable may perform the eviction after a warrant of eviction is issued.
Legal Citations
- N.Y. Real Prop. Acts. Law § 711
- N.Y. Real Prop. Acts. Law § 731
- N.Y. Real Prop. Acts. Law § 749