Can my landlord evict me without going to court in New York?

Absolutely not. Any attempt to remove a tenant, change locks, or remove belongings without a court order and a Marshal's presence is an illegal lockout and a criminal act. You can call 911 or the police to regain entry.

What is a 14-day Rent Demand?

It is a formal notice that you owe rent. It gives you 14 days to pay the balance. If you don't pay, the landlord can begin a 'Non-Payment' lawsuit in court. It is not an eviction order itself.

Does the 'Good Cause' law apply to my NYC apartment?

It applies to most market-rate apartments unless the building has fewer than 10 units and the landlord lives there, or if the building was constructed after 2009. Rent-stabilized units have even stronger protections.

How much time do I have once the Marshal serves an eviction notice?

Once a Marshal or Sheriff serves you with a 'Notice of Eviction,' you typically have 14 days before the actual lockout occurs. This is often your last chance to go back to court and file an 'Order to Show Cause' to stay the eviction.

What is an 'Order to Show Cause'?

It is an emergency motion filed by a tenant to ask a judge to stop an eviction or reopen a case, usually because the tenant has a valid defense or has the money to pay the arrears.

Can I be evicted if I have a child or disability?

While having a child or disability does not make you immune to eviction, it often entitles you to extra time and specific social service interventions (like APS) to prevent homelessness.

What should I do if I get a court date?

You must show up. If you live in NYC, go early to look for the 'Right to Counsel' office to see if you qualify for a free lawyer. Never skip a court date, as a default judgment will be entered against you.

If I pay all the rent I owe, can I still be evicted?

In a non-payment case, if you pay the full amount of rent owed at any time before the Marshal performs the lockout, the case must generally be dismissed and the eviction stopped under NY law.

New York Eviction Rights & Tenant Protection Guide (2025)

Section 1: The Foundations

In New York, eviction is a strictly legal process. No landlord can legally remove a tenant without a court order signed by a judge. "Self-help" evictions—such as changing locks, removing belongings, or shutting off utilities—are criminal offenses in many jurisdictions across the state.

The 'Good Cause' Eviction Era

One of the most significant shifts in New York law is the introduction of **Good Cause Eviction**. Under this rule, many tenants in non-rent-stabilized apartments are protected from eviction unless the landlord can prove a "good cause," such as non-payment of rent, nuisance, or the landlord's intent to use the unit for their own family.

1. Non-Payment Proceedings: The most common form of eviction. Landlords must give a 14-day written "Rent Demand" before they can even start a court case.
2. Holdover Proceedings: These occur when a lease has ended or the landlord claims the tenant violated the lease.
3. Rent Stabilization: If you live in an apartment built before 1974 with six or more units, you are likely rent-stabilized, meaning your rent increases are capped and you have an automatic right to lease renewal.

Legal Representation: Under New York City's Universal Access to Counsel law, many low-income tenants are eligible for free legal representation in housing court. Statistically, tenants with lawyers are significantly more likely to stay in their homes than those who represent themselves.

Why This Problem Requires Attention

An eviction record, even if the case is eventually dismissed, can create a "tenant blacklist" effect, making it extremely difficult to rent a subsequent apartment. Understanding the timeline of a "Notice to Quit" versus an actual "Warrant of Eviction" is the difference between having time to negotiate a settlement and being forced into homelessness. In New York, knowledge of the system is a primary defense against predatory property management practices.

Available Tools & Solutions

NY Rent Increase Calculator

Check if your landlord's latest rent hike violates the Good Cause Eviction caps or Stabilization limits.

Verify Rent Legality

Eviction Prevention Resources

Connect with local non-profits and the NYC Tenant Helpline (311) for immediate emergency assistance.

Find Emergency Help

How to Evaluate Your Situation

If you receive a "Notice to Cure" or a "Rent Demand," do not panic. This is the pre-court phase.

Notice Interpretation: A 14-day Rent Demand is a warning, not an eviction order. You have those 14 days to pay the rent in full to stop the case from ever reaching the courthouse. If you receive a "Petition," you must answer it in person or online at the Housing Court within 10 days to preserve your right to a trial.

Critical Mistakes to Avoid

Mistake 1: Moving Out Early. Many tenants move out as soon as they get a "Notice to Quit" because they are scared. You do not have to move until a Marshal serves a Warrant of Eviction, which can take months.

Mistake 2: Ignoring Court Papers. Failing to "Answer" a petition leads to a "Default Judgment," meaning the landlord wins automatically without you ever seeing a judge.

Mistake 3: Withholding Rent incorrectly. While you have a "Warranty of Habitability" (the right to a livable home), withholding rent without following specific legal procedures can lead to an easy eviction case for the landlord.

Professional Guidance & FAQs

Can my landlord evict me without going to court in New York?: Absolutely not. Any attempt to remove a tenant, change locks, or remove belongings without a court order and a Marshal's presence is an illegal lockout and a criminal act. You can call 911 or the police to regain entry.
What is a 14-day Rent Demand?: It is a formal notice that you owe rent. It gives you 14 days to pay the balance. If you don't pay, the landlord can begin a 'Non-Payment' lawsuit in court. It is not an eviction order itself.
Does the 'Good Cause' law apply to my NYC apartment?: It applies to most market-rate apartments unless the building has fewer than 10 units and the landlord lives there, or if the building was constructed after 2009. Rent-stabilized units have even stronger protections.
How much time do I have once the Marshal serves an eviction notice?: Once a Marshal or Sheriff serves you with a 'Notice of Eviction,' you typically have 14 days before the actual lockout occurs. This is often your last chance to go back to court and file an 'Order to Show Cause' to stay the eviction.
What is an 'Order to Show Cause'?: It is an emergency motion filed by a tenant to ask a judge to stop an eviction or reopen a case, usually because the tenant has a valid defense or has the money to pay the arrears.
Can I be evicted if I have a child or disability?: While having a child or disability does not make you immune to eviction, it often entitles you to extra time and specific social service interventions (like APS) to prevent homelessness.
What should I do if I get a court date?: You must show up. If you live in NYC, go early to look for the 'Right to Counsel' office to see if you qualify for a free lawyer. Never skip a court date, as a default judgment will be entered against you.
If I pay all the rent I owe, can I still be evicted?: In a non-payment case, if you pay the full amount of rent owed at any time before the Marshal performs the lockout, the case must generally be dismissed and the eviction stopped under NY law.

Target Audience & Intended Use

This guide is for residential tenants in New York City and New York State. It does **not** cover commercial tenants, hotels, or transitional housing residents, whose rights are governed by different sets of laws and administrative codes.