As a New York landlord and legal template specialist with over 12 years drafting eviction documents for property owners across NYC, Upstate, and Long Island, I’ve helped hundreds of clients navigate the eviction process in New York State. The rules here are among the strictest in the country, and one misstep can add months and thousands of dollars to your case. In this comprehensive 2025 guide, I’ll walk you through exactly how to evict a tenant in NY — legally, efficiently, and with minimal risk.
Best of all, at the end of this article you’ll find my battle-tested, attorney-reviewed free downloadable New York eviction template package (Notice to Quit, Petition, and Affidavit of Service) updated for current law.
Evicting a tenant in NY is formally called a summary proceeding under Article 7 of the New York Real Property Actions and Proceedings Law (RPAPL). Unlike many states, New York does not allow “self-help” evictions — you cannot change locks, remove belongings, or shut off utilities. Doing so can expose you to triple damages and criminal charges.
The entire process typically takes 2–6 months in New York City and 1–3 months outside NYC, depending on whether the tenant fights the case and local court backlogs.
New York is a “good cause” eviction state as of 2025. You can only evict a tenant for one of the 16 reasons listed in Real Property Law § 232-c and the Good Cause Eviction Law (2024). The most common grounds are:
Important: If your building is subject to the 2019 Housing Stability & Tenant Protection Act or the 2024 Good Cause Eviction Law, many “no-fault” evictions are now prohibited or require payment of relocation costs.
Source: NYS Senate RPL § 226-c and NYS Homes and Community Renewal – Good Cause Eviction
How to evict a tenant in New York always starts with proper notice. Using the wrong form or serving it incorrectly is the #1 reason cases get dismissed.
| Tenancy Type | Required Notice | Time Period (2025) |
|---|---|---|
| Nonpayment of Rent | 14-Day Rent Demand (written or oral) | At least 14 days |
| Month-to-Month (NYC, covered by Good Cause) | 30-Day Notice to Quit | 30 days |
| Month-to-Month (outside NYC | 30-Day Notice | 30 days |
| Lease Violation / Illegal Use | 10-Day Notice to Cure + Conditional Limitation | 10 days to cure |
| Holdover after Fixed Lease | 30–90 Day Notice of Non-Renewal (depends on years lived & location) | Varies |
I always recommend written notice in every case — even when oral is allowed — because it’s impossible to prove oral notice in court.
If the tenant does not pay or vacate after the notice period expires, you file:
Filing fees range from $45 in town/village courts to $300+ in NYC Civil Court. You must file in the county where the property is located.
New York has extremely strict service rules (“conspicuous place” or “nail and mail” only after two attempts at personal delivery). Using a licensed process server is strongly recommended — I’ve seen dozens of cases dismissed because a landlord tried to save $75 and served papers themselves.
The tenant has 10 days to answer (in writing or in person). Most courts now offer virtual appearances. If the tenant defaults, you can request a default judgment and warrant of eviction the same day.
Only a city marshal (NYC) or county sheriff (rest of state) can physically remove the tenant. You typically get the warrant 14 days after judgment (longer if tenant requests stay). The marshal/sheriff then gives the tenant a 14-day legal notice before the actual lockout (72-hour notice in NYC).
Source: NYS OTDA ERAP and NYC HPD Good Cause
After drafting thousands of these documents, I’m giving away my exact templates that have survived hundreds of court appearances:
Download Link: Click here to download the free 2025 New York eviction template package (ZIP)
These templates are in Microsoft Word format with fillable fields and instructions. Updated for the Good Cause Eviction Law and current court requirements.
Can I evict a tenant for no reason in NY?
No. As of 2025, almost all tenancies are covered by “good cause” requirements.
How long does it take to evict a tenant in NY?
2–6 months in NYC if contested; 30–90 days upstate.
Can I change the locks myself?
Absolutely not — illegal self-help eviction can cost you triple damages.
Do I need a lawyer to evict a tenant in New York?
Not required, but strongly recommended in NYC due to Right to Counsel and complexity.
The eviction process in New York State is heavily tenant-friendly and full of procedural traps. Following the steps above and using correct, up-to-date forms gives you the best chance of success.
Disclaimer: This article and the free templates are for informational purposes only and do not constitute legal advice. Laws change frequently. Always consult a licensed New York attorney or visit the official court website for your county before proceeding with an eviction. The author and website assume no liability for use of these materials.
If you found this guide helpful, please share it with other New York landlords and property managers. Stay safe and good luck getting your property back.