Eviction Process in New York
Reviewed by DocDraft Legal Team - New York - Last updated November 11, 2026
The eviction process in New York is a summary proceeding under Real Property Actions and Proceedings Law Article 7, brought as a nonpayment or holdover proceeding and commenced by a petition and a notice of petition. No tenant may be removed from a dwelling except in a special proceeding, and the notice of petition may be issued only by an attorney, a judge or the court clerk, not by a landlord acting alone. Except in nonpayment cases under RPAPL 732 where a court rule adopts it, the papers are served at least ten and not more than seventeen days before the hearing. After a judgment for the landlord, the court issues a warrant of eviction, and the officer must give at least fourteen days' written notice before executing it.
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How does the eviction process work in New York?
A New York landlord brings a summary proceeding, either nonpayment or holdover, commenced by a verified petition and a notice of petition. The notice of petition may be issued only by an attorney, a judge or the court clerk. If the landlord wins, the court issues a warrant of eviction to a sheriff, marshal or constable.
How far ahead must New York eviction papers be served?
Under RPAPL 733(1), the notice of petition and petition are served at least ten and not more than seventeen days before the hearing date, except in nonpayment proceedings run under section 732 where the court's Appellate Division rule adopts it. Proof of service is filed within three days.
What happens after a New York landlord wins an eviction case?
The court issues a warrant of eviction to a sheriff, city marshal or constable, who must give at least fourteen days' written notice before executing it. In a nonpayment case, the court must vacate the warrant if the full rent due is tendered or deposited before execution, unless the rent was withheld in bad faith.
Can a New York landlord lock out a tenant instead of going to court?
No. RPAPL 768 makes it unlawful to evict or try to evict an occupant of thirty consecutive days or longer, or anyone who has a lease, except under a warrant of eviction, other court order or a governmental vacate order, by means such as force or changing locks without a key. Violations carry civil penalties of $1,000 to $10,000 each.
How New York summary proceedings run
New York evictions are summary proceedings under RPAPL Article 7. Section 711 says no tenant or lawful occupant of a dwelling may be removed except in a special proceeding, and section 731(1) adds that the notice of petition may be issued only by an attorney, a judge or the clerk of the court, not by a landlord acting in person. The petition must be verified. Except in nonpayment cases under RPAPL 732 where a court rule adopts it, the papers are served at least ten and not more than seventeen days before the hearing, by personal delivery, delivery to a person of suitable age and discretion at the property, or, when admittance cannot be obtained, affixing to a conspicuous part of the property or placing under the entrance door, with mailing by certified or registered mail and regular first class mail within one day after suitable-age delivery, affixing or placing under the door. Except under RPAPL 732, the tenant may answer orally or in writing at the hearing, and when issue is joined, either party's first request for an adjournment of at least fourteen days must be granted unless all parties consent otherwise. In a nonpayment proceeding, full rent paid before the hearing must be accepted and ends the grounds for the case. Before filing, the tenant must have received the required rent demand or notice of termination; the notice to vacate guide covers that step, and DocDraft's eviction notice page can prepare it.
Relevant Laws
RPAPL 711 and 731 (special proceeding and notice of petition)
No tenant may be removed except in a special proceeding; the notice of petition may be issued only by an attorney, judge or clerk.
RPAPL 733 and 735 (time and manner of service)
Service at least ten and not more than seventeen days before the hearing, except in section 732 nonpayment cases where a court rule adopts it, by the methods section 735 lists, with follow-up mailing.
RPAPL 749 (warrant of eviction)
The officer gives at least fourteen days' written notice before executing the warrant.
RPAPL 768 (unlawful eviction)
Bars evicting an occupant of thirty or more consecutive days, or anyone with a lease, except under a warrant of eviction or other court order, with civil penalties of $1,000 to $10,000 per violation.
Regional Variances
New York eviction process rules
Court and action
Summary proceeding (nonpayment or holdover) in NYC Civil Court, Housing Part, or a city, district, town, village or county court elsewhere (RPAPL 701, 711).
Filing papers
Verified petition and notice of petition; the notice may be issued only by an attorney, judge or clerk (RPAPL 731(1), 741).
Who serves and how
Personal delivery, suitable-age delivery, or affixing or placement under the door when admittance cannot be obtained, with certified or registered and first class mailing within one day after suitable-age delivery, affixing or placement; proof of service within three days (RPAPL 735).
Service timing
At least ten and not more than seventeen days before the hearing, except section 732 nonpayment proceedings where adopted by Appellate Division rule (RPAPL 733(1)).
Tenant response
Except under RPAPL 732, answer orally or in writing at the hearing (RPAPL 743); when issue is joined, either party's first request for an adjournment of at least fourteen days must be granted unless all parties consent otherwise (RPAPL 745(1)).
Judgment and warrant
Warrant of eviction directed to the sheriff, or a city marshal or constable (RPAPL 749(1)).
Notice before removal
At least fourteen days' written notice from the officer before execution (RPAPL 749(2)).
Appeal
Within thirty days after service of the judgment with written notice of entry (CPLR 5513(a)).
Self-help ban
Unlawful to evict an occupant of thirty or more consecutive days, or anyone with a lease, except under a warrant of eviction, other court order or a governmental vacate order; civil penalty of $1,000 to $10,000 per violation (RPAPL 768).
Suggested Compliance Checklist
Serve the rent demand or termination notice
Before filing days after startingPrepare the rent demand for a nonpayment case or the notice of termination for a holdover case, and keep proof of service.
Get the notice of petition issued
At filing days after startingFile the verified petition and have an attorney, judge or the court clerk issue the notice of petition.
Serve within the RPAPL 733 window
10 to 17 days before the hearing, except RPAPL 732 cases where adopted days after startingServe by an RPAPL 735 method, with the one-day follow-up mailing after suitable-age delivery, affixing or placing under the door, and file proof of service within three days.
Attend the hearing
On the hearing date days after startingBring the residential lease agreement, the notice and rent records; in a nonpayment case, full rent paid before the hearing must be accepted.
Request the warrant of eviction
After judgment days after startingRequest the warrant; the officer gives at least fourteen days' written notice before executing it.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Serve the rent demand or termination notice | Prepare the rent demand for a nonpayment case or the notice of termination for a holdover case, and keep proof of service. | eviction-notice | Before filing |
| Get the notice of petition issued | File the verified petition and have an attorney, judge or the court clerk issue the notice of petition. | - | At filing |
| Serve within the RPAPL 733 window | Serve by an RPAPL 735 method, with the one-day follow-up mailing after suitable-age delivery, affixing or placing under the door, and file proof of service within three days. | - | 10 to 17 days before the hearing, except RPAPL 732 cases where adopted |
| Attend the hearing | Bring the residential lease agreement, the notice and rent records; in a nonpayment case, full rent paid before the hearing must be accepted. | - | On the hearing date |
| Request the warrant of eviction | Request the warrant; the officer gives at least fourteen days' written notice before executing it. | - | After judgment |
Frequently Asked Questions
Other New York guides
Adult Guardianship in New York
Adverse Possession in New York: Ten Years and the Boundary Line Rule
Asset Protection Planning in New York (2026)
Dealing With Debt Collectors in New York (2026)
Delinquent Property Taxes in New York: Settle Who Is Foreclosing Before You Trust Any Deadline
Expunging a Criminal Record in New York (2026)
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