Eviction in New York
State-specific overview · Property & Real Estate
New York requires 3 days' notice for non-payment and 30 days for lease violations; eviction cases proceed through Housing Court.
How New York treats Eviction
New York distinguishes between non-payment (3 days' notice) and lease violations (30 days' notice). Eviction cases are filed in Housing Court, which specializes in landlord-tenant disputes and generally moves faster than civil court. Tenants have strong protections, including the right to raise habitability defects and retaliation claims as affirmative defenses. New York also restricts 'no-fault' evictions and requires just cause in many jurisdictions, particularly in rent-stabilized apartments.
The general definition of Eviction
The legal process by which a landlord removes a tenant from rental property.
Eviction is the formal legal process a landlord uses to force a tenant to leave the property. The landlord must have a valid reason—such as non-payment of rent, lease violation, or the end of the lease term—and must follow strict procedural rules, which vary by state. Typically, the landlord must give written notice (often 30 days or more), file a case in court, and obtain a judgment from a judge before the tenant can be physically removed. A tenant has the right to defend themselves in court and present their side of the story.
Read the full Eviction entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.