Eviction Timeline New York

New York eviction timeline at a glance

A typical New York nonpayment eviction runs 45 to 90 days from notice to warrant of eviction. The nonpayment notice period is 14 days under RPAPL § 711(2). Court process commonly adds 30 to 60 days or more depending on the county and court backlog, especially in New York City.

The three phases of a New York eviction

Notice phase: serve a 14-day rent demand notice. The notice must comply with RPAPL § 711(2) and specify the amount owed and the period covered. Filing phase: file a nonpayment petition in the appropriate court (Housing Court in NYC, district or city court elsewhere). Court phase: hearing is typically scheduled within 14 to 30 days of filing, judgment, and warrant of eviction issued by the court, executed by the marshal or sheriff.

New York-specific eviction rules worth knowing

New York is one of the most tenant-protective states in the country. The Housing Stability and Tenant Protection Act of 2019 extended notice periods and added procedural requirements statewide. In New York City, tenants have a right to counsel in eviction proceedings, which often extends timelines. The state caps late fees at $50 or 5% of monthly rent (whichever is less) for rent-stabilized units, though market-rate units follow lease terms. New York also requires landlords to mitigate damages by making reasonable efforts to re-rent.

Worked example: $1,400/month nonpayment eviction in New York

Your tenant at a Buffalo rental ($1,400/month) misses April rent. On April 5, you serve a 14-day rent demand notice. The notice expires April 19. The tenant does not pay or vacate. On April 20, you file the nonpayment petition in Erie County City Court. The court schedules a hearing for May 8 (18 days after filing). The tenant appears and requests an adjournment. The case resumes May 22. Judgment is entered in your favor. The warrant of eviction is issued and the marshal executes it on June 5. Total elapsed time from notice: roughly 61 days. In New York City, timelines routinely exceed 90 days due to right-to-counsel and court backlogs.

What experienced landlords do differently

• Dual service method. Serve notice by certified mail AND posting on the door. If the case goes to court, dual service eliminates the "I never got it" defense.
• Cash-for-keys math. Before filing, consider a direct conversation or a cash-for-keys offer. A $500 move-out incentive often costs less than 4-6 weeks of lost rent plus court fees ($200-400).
• Document from day one. A text thread confirming the tenant received the notice is admissible in most jurisdictions and costs nothing. Save every communication.

Related New York compliance tools

Landlords in New York deal with more than eviction timelines. These free calculators cover the other compliance deadlines you need to track:

• New York Maximum Late Fee Calculator — Calculate the highest late fee your lease can enforce
• New York Rent Increase Notice Calculator — Find the required notice period for your planned increase
• New York Security Deposit Return Deadline — Know exactly when the deposit must be returned

See all property management tools for investment, financing, and operations calculators.

Frequently asked questions about New York eviction timelines

Can I speed up the eviction process?

Not through the courts, but you can avoid common delays. Serve notice correctly the first time (errors reset the clock). File your complaint the day after the notice period expires. Bring complete documentation to the hearing: lease, payment records, notice with proof of service. Judges grant continuances when paperwork is incomplete.

How many days notice is required to evict for nonpayment in New York?

Fourteen days under RPAPL § 711(2). The notice must specify the amount owed and the period covered. This is a rent demand, not a notice to quit.

Do New York City tenants have a right to a lawyer in eviction cases?

Yes. New York City provides free legal representation to qualifying tenants in Housing Court eviction proceedings. This right to counsel often extends case timelines as attorneys request adjournments to prepare.

Can a New York tenant pay rent and stop the eviction?

Yes, at almost any point before the warrant is executed. New York strongly favors tenant redemption. Even after judgment, the tenant can typically pay the full amount owed plus court costs to stop the eviction.

What court hears New York eviction cases?

In New York City, Housing Court (a division of Civil Court). Outside NYC, city court, district court, or justice court depending on the municipality. Filing fees and procedures vary by court.