How much notice does a landlord have to give before filing an eviction for unpaid rent in New York?

14 days. Before filing a nonpayment case the landlord must serve a written demand for the rent requiring the tenant, in the alternative, to pay or to give up possession (RPAPL 711(2)). The pre-2019 three-day demand, and the oral-demand option, are gone.

How much notice is required to evict for a lease violation in New York?

No statutory period — see the notes on this page. No statewide statute sets a pre-filing cure-or-quit period for lease violations in unregulated tenancies. A holdover for breach rests on terminating the tenancy under the lease's own notice-to-cure and termination clauses, and for rent-regulated units on DHCR regulatory notices.

How long does an eviction take in New York?

Roughly 38 days from serving the rent demand to the earliest lawful lockout, or five and a half to six and a half weeks once service, filing, and warrant-processing days are added. That is a statutory minimum, not a promise.

Can a landlord change the locks or shut off utilities instead of going to court in New York?

No — New York bars self-help eviction by statute; a landlord must go through the court process. Locking a tenant out, shutting off essential services, or using force is 'unlawful eviction' in New York — a class A misdemeanor, with each violation a separate offense (RPAPL 768(1)). The only lawful removal path is a warrant of eviction executed by the sheriff, constable, or marshal.

What is the eviction process and timeline in New York?

Verified August 12, 2026 All New York topics →

Check your municipality. New York does not preempt local rent regulation — city or county ordinances may impose rent caps, notice rules, and fee limits that are stricter than the state-level rules on this page and are not covered here. Verify your municipality's ordinances before relying on any figure below. Verified local pages: New York City , New York municipalities outside NYC .

What the state record says

New York runs several rent-regulation regimes at once. Rent-controlled and rent-stabilized units follow DHCR rules with annual increases set by Rent Guidelines Boards, and a separate 2024 Good Cause Eviction law limits increases in covered units. The stabilization regimes are the NYC Rent Stabilization Law and the Emergency Tenant Protection Act, administered by DHCR and significantly strengthened by the 2019 HSTPA. The Good Cause Eviction law (RPL Article 6-A) applies in NYC and in localities that opt in. For covered units, a rent increase above the lesser of 5% plus CPI or 10% is presumptively unreasonable and can defeat an eviction for nonpayment of the increase.

Legislative changes ahead — not yet in force. The rules on this page reflect the law in force today. The following measure would change it:

S4856 (2025-2026 session) — Would amend GOL 7-108(1-a)(e) to extend the security-deposit return/itemized-statement deadline from 14 days to 30 days after the tenant vacates.Status: In Senate Judiciary Committee. Referred 2025-02-13; re-referred 2026-01-07 for the second year of the 2025-2026 session (routine). Assembly same-as: A2652. Not enacted as of the checked date. (checked 2026-07-08).

New York's eviction process — a 'summary proceeding' under RPAPL Article 7 that is anything but summary since the 2019 HSTPA — starts, for nonpayment, with a certified-mail notice once rent is five days late and then a written 14-day rent demand (the old 3-day/oral demand is gone).

Cited to RPAPL 711 (2), (5) and 12 more New York statutes · Verified August 12, 2026

The case is filed as a nonpayment or holdover petition in the local court (in New York City, the Civil Court's Housing Part); on the nonpayment fast track the tenant has 10 days to answer, trial comes 3 to 8 days after an answer, and a default produces judgment with at most a 10-day stay. The tenant can stop a nonpayment case cold by paying the full rent due — payment before the hearing must be accepted and moots the case, and even after judgment the court must vacate the warrant if the full rent is tendered any time before the lockout, unless the rent was withheld in bad faith. Only rent, never late fees, can be collected in the proceeding. The warrant of eviction is executed by a sheriff, constable, or marshal who must first give 14 days' written notice and may act only on a business day between sunrise and sunset — so even a flawless uncontested case runs roughly five and a half to six and a half weeks from rent demand to lockout. Lease-breach holdovers carry a mandatory 30-day post-judgment cure window, courts can stay eviction up to a year for extreme hardship (with rent deposited into court), and appeals follow the ordinary 30-day civil window. Self-help is criminal: lockouts, utility shutoffs, or force against anyone in lawful occupancy 30 days or more is a class A misdemeanor carrying $1,000-$10,000 civil penalties per violation, a duty to restore the tenant, and exposure to treble damages.

New York eviction process at a glance

Nonpayment notice (pay-or-quit)	14 days
Nonpayment notice rules (day counting, cure rights, service)	Before filing a nonpayment case the landlord must serve a written demand for the rent requiring the tenant, in the alternative, to pay or to give up possession (RPAPL 711(2)). The pre-2019 three-day demand, and the oral-demand option, are gone. The statute requires that 'a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises,' served as prescribed in RPAPL 735 (personal delivery; substituted delivery to a suitable person residing or employed at the property; or conspicuous-place service — each of the latter two followed by certified AND first-class mailings, with service complete on filing proof of service). The 2019 HSTPA put this written 14-day demand in place of the old 3-day demand. Days are CALENDAR days: the General Construction Law counts 'calendar days exclusive of the calendar day from which the reckoning is made' (GCL 20), and a period ending on a Saturday, Sunday, or public holiday rolls to the next business day (GCL 25-a). A separate, earlier duty applies as well: if rent is not received within FIVE days of the due date, the landlord must send a certified-mail notice of nonpayment, and failure to send it 'may be used as an affirmative defense' in the nonpayment eviction (RPL 235-e(d)). The cure ladder is unusually tenant-favorable and runs to the very end. Payment of the full rent due at any time PRIOR TO THE HEARING 'shall be accepted by the landlord and renders moot' the nonpayment ground (RPAPL 731(4)). Even after judgment and warrant, the court SHALL vacate the warrant on tender or deposit of the full rent due at any time before execution, unless the landlord shows the rent was withheld in bad faith (RPAPL 749(3)). Only 'rent' — the amount charged for use and occupancy — may be sought in the proceeding; late fees and other charges cannot be added regardless of lease language (RPAPL 702).
Lease-violation notice period	No statutory period — see the notes on this page
Lease-violation notice rules (cure vs. termination)	No statewide statute sets a pre-filing cure-or-quit period for lease violations in unregulated tenancies. A holdover for breach rests on terminating the tenancy under the lease's own notice-to-cure and termination clauses, and for rent-regulated units on DHCR regulatory notices. The statutory cure right instead arrives POST-JUDGMENT: where the proceeding 'is based upon a claim that the tenant or lessee has breached a provision of the lease, the court shall grant a thirty day stay of issuance of the warrant, during which time the respondent may correct such breach' (RPAPL 753(4), extended from 10 to 30 days by the 2019 HSTPA and applicable statewide). Month-to-month termination predicates are separate again: 30 days' written notice in NYC (RPL 232-a); outside NYC, RPL 232-b as amended now governs the TENANT's (and non-residential landlord's) one-month notice, while a residential landlord's termination or non-renewal statewide runs through the RPL 226-c ladder — 30/60/90 days keyed to length of occupancy, as set out in the rent-increase notice rules on this page.
Unconditional-quit grounds	Use of the premises 'as a bawdy-house, or house or place of assignation for lewd persons, or for purposes of prostitution, or for any illegal trade or manufacture, or other illegal business' is itself a ground for a summary proceeding (RPAPL 711(5)) with no statutory cure period. Under RPAPL 715, an owner or tenant within 200 feet, a corporation organized for the suppression of vice, or an authorized enforcement agency may serve notice on the owner/landlord requiring a removal proceeding; if the owner fails to apply within five days or to prosecute in good faith, the notice-giver may bring the proceeding directly. New York otherwise has no Arizona-style 'material and irreparable breach' fast track — non-illegal-use breaches go through holdover procedure with the RPAPL 753(4) 30-day post-judgment cure stay.
Court and action	A 'special proceeding' to recover possession of real property under RPAPL Article 7 — commonly a 'summary proceeding,' filed as a nonpayment or holdover petition. Venue lies where the property sits; the courts are the county court, a village police justice's court, a justice (town/village) court, a court of civil jurisdiction in a city (in New York City, the Civil Court's Housing Part), or a district court (RPAPL 701). Commenced by petition and notice of petition (RPAPL 731); CPLR special-proceeding rules fill the gaps.
Filing to hearing	Two tracks. NONPAYMENT, in courts whose appellate-division rules adopt RPAPL 732 (including the New York City Civil Court): the notice of petition is returnable before the clerk within 10 days after service; the tenant has 10 days from service to answer; if the tenant answers, trial is set 'not less than three nor more than eight days after joinder of issue'; if the tenant defaults, 'the judge shall render judgment in favor of the petitioner and may stay the issuance of the warrant for a period of not to exceed ten days' (RPAPL 732). HOLDOVERS, and nonpayment where 732 is not adopted: the notice of petition and petition are served 'at least ten and not more than seventeen days before the time at which the petition is noticed to be heard' (RPAPL 733(1)).
Writ of possession and lockout	The possession writ is the 'warrant of eviction,' directed to the sheriff, or to a constable or marshal of the city or town (in NYC, city marshals), describing the property and stating the earliest execution date (RPAPL 749(1)). In a contested nonpayment case under RPAPL 732, issuance of the warrant may not be stayed more than 5 days from the determination except under RPAPL 753; after default, any stay is capped at 10 days. Execution is slow by design: the officer 'shall give at least fourteen days' notice, in writing' before evicting, must execute 'on a business day between the hours of sunrise and sunset,' and must check for companion animals and arrange their care (RPAPL 749(2), as rewritten by the 2019 HSTPA — the old 72-hour notice is gone). In New York City the marshal must also post the notice of eviction and file it electronically with the court (RPAPL 749-a) — a duty in force through June 30, 2028, its sunset having been extended from June 30, 2026 by Chapter 137 of the Laws of 2026. The court retains power to stay or vacate the warrant 'for good cause shown prior to the execution thereof,' must vacate it on tender or deposit of the full rent due before execution absent bad-faith withholding (RPAPL 749(3)), may stay issuance up to ONE YEAR for extreme hardship conditioned on ongoing rent deposits into court (RPAPL 753(1)-(2), inapplicable if the tenant is shown to be objectionable), and must grant the 30-day cure stay in lease-breach holdovers (753(4)). Waivers of 753's protections are void (753(5)).
Appeal window	30 days
Best-case uncontested timeline (derived from statutory minimums — contested cases run longer)	Roughly 38 days from serving the rent demand to the earliest lawful lockout, or five and a half to six and a half weeks once service, filing, and warrant-processing days are added. That is a statutory minimum, not a promise. The minimum is derived from the figures on this page. The chain runs: a certified-mail nonpayment notice after day 5 (RPL 235-e(d)), then the 14-day written rent demand (RPAPL 711(2)), then the petition filed and the notice of petition served, returnable within 10 days, with the tenant's 10-day answer window (RPAPL 732), then default judgment and issuance of the warrant (the discretionary stay of up to 10 days assumed waived), then the officer's mandatory 14 days' written notice, and finally the lockout on a business day between sunrise and sunset (RPAPL 749(2)) — that is, 14 + 10 + 14 = 38 days. Contested cases (3-8-day trial setting, adjournments), the pay-and-stay rights running through execution, hardship stays up to a year under RPAPL 753, and NYC Housing Part congestion all extend it, often substantially.
Self-help eviction (lockout, utility shutoff) barred	Yes
Self-help scope and tenant remedies	Locking a tenant out, shutting off essential services, or using force is 'unlawful eviction' in New York — a class A misdemeanor, with each violation a separate offense (RPAPL 768(1)). The only lawful removal path is a warrant of eviction executed by the sheriff, constable, or marshal. The offense reaches evicting or attempting to evict an occupant who has lawfully occupied the unit for 30 consecutive days or longer, or who holds a lease, by force or threat of force, by interrupting or discontinuing essential services or other conduct disturbing the occupant's comfort, repose, peace or quiet, or by lockout-type conduct such as removing the occupant's possessions, removing the entrance door, or changing the locks without providing a key (RPAPL 768(1), added statewide by the 2019 HSTPA). Civil penalties run 'not less than one thousand nor more than ten thousand dollars for each violation,' the owner must take all reasonable and necessary action to restore the occupant on request, and failure to restore draws up to $100 per day for up to six months (RPAPL 768(2)). Separately, a person disseized or put out of real property 'in a forcible or unlawful manner' may 'recover treble damages in an action' against the wrongdoer (RPAPL 853).

Cite this page: "Landlord Atlas, New York Eviction Process Laws (verified August 12, 2026), landlordatlas.com/laws/eviction-process/new-york/" — free to cite and quote with a link (how these records are verified). Every figure above is cited to the New York statute in the citations section below.

Notes and caveats

Stale-source trap: the 3-day demand and 72-hour notice are dead — The pre-2019 three-day rent demand and 72-hour warrant notice still saturate secondary sources. Both are now 14 days, and the rent demand must be WRITTEN.
Calendar days, with weekend and holiday deadlines rolling forward — Periods are counted in calendar days, excluding the day from which the reckoning is made, and a deadline landing on a Saturday, Sunday or public holiday rolls to the next business day (GCL 20, 25-a). The eviction article itself is silent on counting, so the General Construction Law controls.
The 10-day answer track is not statewide — RPAPL 732 applies only in courts whose appellate-division rules adopt it — they do for the New York City Civil Court and most local civil courts. Elsewhere the RPAPL 733(1) 10-to-17-day window governs, so the 10-day answer should never be stated as a universal New York rule.
The 30-day appeal window is the general civil rule, not an eviction rule — It comes from CPLR 5513(a) and runs from service of the judgment with notice of entry, not from any eviction-specific event. A stay pending appeal is not automatic.
Good Cause disclosures ride in the rent demand — and carry a sunset — RPAPL 711(2) currently also requires Good Cause Eviction disclosures (RPL art. 6-A) in the rent demand, and the current version of the statute carries a sunset structure — it is 'effective until June 15, 2034.' Good Cause applies in New York City and in localities that opt in; it is flagged here, not built into the figures.
COVID-era stays and defenses are deliberately left out — ERAP stays and the Tenant Safe Harbor Act's pandemic defenses are expired or exhausted, and are not reflected anywhere on this page.
Rent-regulated tenancies carry DHCR notices on top — Rent-stabilized and rent-controlled tenancies require DHCR regulatory predicate notices — a notice to cure, for example — in addition to everything described here. Their existence is flagged; their figures are not shown here.
Manufactured-home parks are a separate scheme — Manufactured-home parks run on RPL 233, with materially different timelines. That scheme is out of scope for this page and should not be conflated with the figures here.
No statewide cure period for lease violations — silence, not zero — The lease-violation field is blank because no statewide statute prescribes a pre-filing cure-or-quit period for unregulated tenancies. New York's 30-day cure right instead arrives after judgment, under RPAPL 753(4).
The uncontested timeline is a derivation, never a promise — It is built by adding the statutory minimums cited here and must be read with that framing — a floor, not a forecast for any particular case.
Source and currency of these figures — Every figure here reflects the official text of RPAPL 711, 731, 732, 733, 735, 749, 753, 768, 853, 702 and 715, RPL 235-e, 232-a and 232-b, CPLR 5513(a), and GCL 20 and 25-a as published on nysenate.gov and current to July 21, 2026. The four statutes the answers rest on — RPAPL 711, 732, 733 and 749 — are quoted from that official text word for word. The RPAPL 749-a posting and e-filing duty and its 2028 sunset reflect Chapter 137 of the Laws of 2026 as published on nysenate.gov on August 12, 2026.

Common questions: New York eviction process

Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.

How much notice does a landlord have to give before filing an eviction for unpaid rent in New York?: 14 days. Before filing a nonpayment case the landlord must serve a written demand for the rent requiring the tenant, in the alternative, to pay or to give up possession (RPAPL 711(2)). The pre-2019 three-day demand, and the oral-demand option, are gone.
How much notice is required to evict for a lease violation in New York?: No statutory period — see the notes on this page. No statewide statute sets a pre-filing cure-or-quit period for lease violations in unregulated tenancies. A holdover for breach rests on terminating the tenancy under the lease's own notice-to-cure and termination clauses, and for rent-regulated units on DHCR regulatory notices.
How long does an eviction take in New York?: Roughly 38 days from serving the rent demand to the earliest lawful lockout, or five and a half to six and a half weeks once service, filing, and warrant-processing days are added. That is a statutory minimum, not a promise.
How long does a tenant have to appeal an eviction judgment in New York?: 30 days.
Can a landlord change the locks or shut off utilities instead of going to court in New York?: No — New York bars self-help eviction by statute; a landlord must go through the court process. Locking a tenant out, shutting off essential services, or using force is 'unlawful eviction' in New York — a class A misdemeanor, with each violation a separate offense (RPAPL 768(1)). The only lawful removal path is a warrant of eviction executed by the sheriff, constable, or marshal.

Statute citations

RPAPL 711 (2), (5) (verified 2026) Official source
RPAPL 731 (4) (verified 2026) Official source
RPAPL 732 (verified 2026) Official source
RPAPL 733 (1) (verified 2026) Official source
RPAPL 735 (1)-(2) (verified 2026) Official source
RPAPL 749 (1)-(3) (verified 2026) Official source
RPAPL 749-a (NYC marshal posting and e-filing duty; sunset extended to 2028-06-30 by Ch. 137 of the Laws of 2026, A10338) (verified 2026) Official source
RPAPL 753 (1)-(5) (verified 2026) Official source
RPAPL 768 (1)-(2) (verified 2026) Official source
RPAPL 853 (verified 2026) Official source
RPAPL 702 (1) (verified 2026) Official source
RPL 235-e (d) (verified 2026) Official source
CPLR 5513 (a) (verified 2026) Official source

How this record was verified: Direct read of statute text on the official NY Senate legislation site (nysenate.gov): GOL 7-108 (full text), GOL 7-103 (full text read 2026-07-08 — confirmed subdivision structure: (1) trust/no commingling, (2) bank notice + 1% admin fee when interest-bearing, (2-a) 6+ unit interest-bearing mandate, (3) waiver void), RPL 238-a and RPL 226-c (official-source text confirmed via nysenate.gov), cross-checked against the NY Attorney General's Residential Tenants' Rights Guide (ag.ny.gov) and NYC Rent Guidelines Board guidance.