New York Eviction Overview
NY Requires 14-Day Rent Demand, Not 10 Days
New York requires a 14-day Demand for Rent for non-payment under RPL §711(2) (increased from 3 days by the 2019 Housing Stability Act). For holdover cases, notice is 30, 60, or 90 days based on tenancy length. NYC has additional protections including the 2024 Good Cause Eviction law, rent stabilization, and the Right to Counsel program. There is no 10-day notice in New York law.
New York's eviction law was fundamentally transformed by the Housing Stability and Tenant Protection Act of 2019 (HSTPA) and the 2024 Good Cause Eviction law. These laws dramatically increased notice periods, added good cause requirements, and expanded tenant protections. New York City has a separate Housing Court system with specialized judges, Right to Counsel in qualifying areas, and rent stabilization affecting over 1 million apartments.
Eviction proceedings in New York are called "Summary Proceedings" under the Real Property Actions and Proceedings Law (RPAPL) Article 7. The process differs significantly between NYC (Housing Court) and upstate (City, Town, and Village Courts). Self-help evictions carry severe penalties including criminal liability and treble damages.
14 Days
Rent demand
$45
NYC Housing Court
Extremely High
Tenant protections
2-12 mo
NYC process range
New York's Actual Notice Periods
| Grounds | Notice Period | Authority |
|---|---|---|
| Non-payment of rent | 14-day Demand for Rent | RPL §711(2) |
| Holdover (under 1 year tenancy) | 30 days | RPL §226-c |
| Holdover (1-2 year tenancy) | 60 days | RPL §226-c |
| Holdover (over 2 year tenancy) | 90 days | RPL §226-c |
| Lease violation (cure notice) | 10 days to cure (NYC rent-stabilized) | RSC §2524.3 |
RPL 711 & RPAPL Requirements
Note: 10-Day Cure for Rent-Stabilized Tenants
While New York does not have a general 10-day eviction notice, rent-stabilized tenants in NYC facing eviction for lease violations are entitled to a 10-day "Notice to Cure" under the Rent Stabilization Code §2524.3. This is not a general eviction notice -- it is a specific cure notice for lease violations in rent-stabilized apartments only. It must be followed by a separate "Notice of Termination" if the tenant does not cure.
14-Day Demand Requirements
- Written Demand: Must be in writing under RPL §711(2)
- Amount Owed: Specify the exact amount of rent due (do not include late fees or attorney fees)
- 14-Day Period: Must give 14 full days to pay. If the tenant pays, the landlord cannot proceed
- Proper Service: Personal delivery, substituted service, or conspicuous place service per RPAPL §735
- Notice of Petition: After 14 days, file Notice of Petition and Petition (not summons and complaint)
- Good Cause (2024): For applicable properties, landlord must demonstrate good cause under the new law
How to Serve in New York
Personal Service
Deliver the 14-day Demand for Rent directly to the tenant. The demand period starts the day after service
Substituted or Conspicuous Service (if personal fails)
Leave with a person of suitable age at the apartment + mail a copy, OR affix to the door + mail a copy (per RPAPL §735)
Wait 14 Full Days
Allow the full 14 calendar days. If the tenant pays all rent owed, the demand is satisfied and you cannot proceed
File Notice of Petition and Petition
File in Housing Court (NYC) or local court (upstate). Serve the Notice of Petition at least 5 days before the court date (10 days if mailed)
New York Eviction Timeline
New York has one of the longest eviction timelines in the country, particularly in NYC. For non-payment in NYC Housing Court: 14-day demand + filing/service (2-4 weeks) + first court appearance (2-8 weeks) + possible adjournments (2-4 weeks each) + judgment + 14-day Warrant of Eviction + marshal execution. Total: 2-6 months for uncontested, 6-12+ months for contested.
Upstate New York is faster: the same non-payment case might take 6-12 weeks total. Holdover cases take longer everywhere because of the 30-90 day notice requirements plus court processing.
NYC's Right to Counsel program (Universal Access to Counsel) provides free legal representation to income-eligible tenants, which has significantly reduced eviction rates but extended case timelines. Tenants with attorneys typically seek more adjournments and raise more defenses. The court must also provide a "one-shot deal" referral for tenants to apply for emergency rental assistance before executing a warrant.
New York Filing Fees & Costs
| Fee / Cost | Typical Amount |
|---|---|
| NYC Housing Court Filing | $45 |
| Upstate Court Filing | $15 - $45 |
| Process Server | $50 - $150 |
| NYC Marshal Eviction | $140+ |
| Attorney Fees (if hired) | $2,000 - $7,000+ |
Sample New York Rent Demand
Below is a preview of a New York-compliant 14-day Demand for Rent under RPL §711(2).
14-DAY DEMAND FOR RENT
STATE OF NEW YORK
Pursuant to RPL §711(2)
TO:
Tenant: [Full Legal Name]
Premises: [Apt #, Address, City, NY ZIP]
DEMAND:
Demand is hereby made for payment of $_____ in unpaid rent within fourteen (14) days of service of this demand. Failure to pay may result in Summary Proceedings under RPAPL Article 7.
NEW YORK LAW
This demand complies with RPL §711(2) as amended by the Housing Stability and Tenant Protection Act of 2019. Tenants have a right to legal representation in qualifying jurisdictions.