New York Eviction Laws

Eviction Laws

Reasons for Eviction in New York

• Non-payment of rent
• Lease violations
• Lease expiration
• Illegal activity
• Owner’s intent to occupy premises (but you must have cause or you’ll have to wait until the lease ends)

Notice to Vacate

At the end of the lease term, landlords must provide:

• A 30-day notice to quit for lease terms under one year
• A 60-day notice to quit for lease terms of one year (but less than two years)
• A 90-day notice to quit for lease terms greater than two years

However, an eviction due to illegal activity does not require any notice period, meaning the landlord can file a suit immediately.

Illegal activity includes:

• Prostitution
• Using the premises as a bawdy house
• Engaging in illegal trade or the manufacturing of illegal business

Notice to Comply

For nonpayment of rent, the landlord must provide a 14-day notice to pay.

For a lease violation, the landlord must provide a 10-day notice to comply. If the violation isn’t fixed, the landlord must issue a 30-day notice to vacate.

Learn more about the eviction process, including the average cost.

Serving the Tenant

• Notices can be served by hand delivery, posting the document in an obvious place, or mailing it via certified/registered mail. We recommend the latter so you have a record of delivery.
• The summons and complaint can be served by a private process server (Monday-Saturday, religious holidays excluded) or the Sheriff by:
  • Leaving the papers with someone at the rental unit, then mailing a copy by first class and certified mail
  • Posting the documentation in a conspicuous place

Tenant Possessions

There is no law on how long a landlord must hold abandoned property after the tenant has left, but it is customary to hold items for 30 days before the landlord disposes of them.

If the landlord wishes to sell the abandoned property to recoup debt and receives a money judgment from the court, they must have an execution prepared and hand that over to the Sheriff. Then, the Sheriff will prepare an inventory of the goods, retain an auctioneer, schedule an auction, and advertise the sale in a newspaper.

After paying off the costs involved in the auction, the net proceeds of the sale are the property of the landlord up to the amount of the money judgment.

Eviction Timeline

Below you’ll learn the average timeline for a complete eviction in New York. This projected timeline could change based on the complexities of your specific case.

Typically, the New York eviction process takes anywhere between two to six months.