New York Eviction Timeline: Step-by-Step Process & Deadlines [2026]

New York requires landlords to serve a written 14-day rent demand notice before filing a nonpayment proceeding. The notice must state the amount of rent owed, the period for which it is due, and demand payment within 14 days. Under the Housing Stability and Tenant Protection Act (HSTPA) of 2019, the notice period was increased from the previous requirement. The notice can be served personally, by substituted service, or by conspicuous place service.

• 14-day demand period (increased by HSTPA 2019)
• Must state exact rent amount and period owed
• Service: personal, substituted, or conspicuous place (nail and mail)
• Tenant can cure by paying full rent within 14 days
• Cannot include late fees or other charges in the demand

After the 14-day demand expires, the landlord files a Nonpayment Petition in Housing Court (in NYC) or the local court (outside NYC). The filing fee is $45 in New York City Housing Court. The petition and notice of petition must be served on the tenant at least 10 days before the court date if served by personal delivery, or 12 days if served by conspicuous place service. NYC has a dedicated Housing Court system that handles all residential eviction cases.

• Filing fee: $45 (NYC Housing Court)
• NYC cases filed in Housing Court; outside NYC in local court
• Petition must be served 10-17 days before court date
• Personal service: 10 days before court date
• Conspicuous place service: 12 days before court date + mailing

New York court hearings for eviction cases can take 30-90 days due to significant backlogs, especially in New York City Housing Court. The tenant has the right to appear, raise defenses, and request adjournments. In NYC, tenants earning below 200% of the federal poverty line have the right to free legal representation under the Right to Counsel program. Judges frequently grant adjournments, extending the timeline. Good Cause Eviction (2024) adds additional requirements for covered tenants.

• NYC Housing Court backlogs can extend hearings to 30-90 days
• Right to Counsel program provides free legal aid for qualifying NYC tenants
• Judges frequently grant adjournments (extends timeline)
• Tenant can raise defenses: habitability, retaliation, discrimination
• Good Cause Eviction (2024) provides additional protections for covered tenants
• Rent-stabilized tenants have enhanced protections under HSTPA

If the court rules for the landlord, a judgment of possession is entered. However, in New York, many cases result in stipulations (settlement agreements) where the tenant agrees to a payment plan. If the tenant violates the stipulation, the landlord can seek a warrant of eviction without a new trial. Judges may also issue a stay of execution, giving the tenant additional time (typically 5-30 days) to vacate.

• Many cases settle with stipulation (payment plan agreement)
• Court may grant 5-30 day stay of execution
• Judgment includes possession and past-due rent
• Tenant can apply for Emergency Rental Assistance Program (ERAP)
• Rent-stabilized tenants may have additional post-judgment protections

After judgment, the landlord obtains a Warrant of Eviction from the court. In NYC, the warrant is executed by a City Marshal or Sheriff. The marshal must give the tenant at least 14 days' notice before executing the warrant. Due to scheduling backlogs, the actual execution may take additional weeks. Winter moratoriums may also delay execution in some circumstances.

• Warrant of Eviction issued by the court after judgment
• In NYC, executed by City Marshal or Sheriff
• Marshal must give 14 days' notice before execution
• Scheduling backlogs can add additional weeks
• Winter moratorium may apply in some circumstances
• Total post-judgment timeline: 14-30+ days