How does the eviction process work in New York City?

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Evicting a tenant in New York City is one of the most regulated processes in the United States. It can take months — and must follow a precise legal sequence.

Step-by-step eviction process in NYC in 2026:

Step 1 — Serve the correct notice:

Non-payment of rent: 14-day notice to pay or vacate
Lease violation: 10-day notice to cure (fix the violation) or quit
No good cause non-renewal: 30, 60 or 90 days' notice depending on tenancy length
Good Cause violation or nuisance: specific notice per the violation type

Step 2 — File in Housing Court:

If the tenant does not comply with the notice, the landlord files a petition in NYC Housing Court
Filing fees apply; the landlord must serve the tenant with court papers

Step 3 — Court hearing:

Both landlord and tenant appear before a Housing Court judge
Tenants can raise defenses — uninhabitable conditions, improper notice, discrimination
Many cases settle at this stage through a stipulation agreement

Step 4 — Judgment and warrant of eviction:

If the judge rules in the landlord's favor, a judgment is issued
A warrant of eviction is then requested — this authorizes physical removal

Step 5 — Marshal or sheriff carries out eviction:

Only a NYC marshal, city sheriff or constable can physically remove a tenant
A landlord who changes locks, removes belongings or shuts off utilities without a warrant commits a Class A misdemeanor

Timeline: A straightforward non-payment eviction in NYC typically takes 3 to 6 months in 2026. Contested cases or cases involving Good Cause protections can take significantly longer.