Eviction Laws for Landlords in New York: If you’re a landlord in New York, navigating the eviction process in 2025 requires more than just understanding your rights — it demands compliance with new housing regulations, procedural accuracy, and a strong grasp of tenant protections. New York remains one of the most tenant-friendly states, meaning landlords must follow each step carefully to legally regain possession of their rental units.

In this blog, we break down the entire eviction process under the latest laws of 2025, offering real-world examples, legal guidance, and practical advice to help landlords handle evictions smoothly and lawfully.

Understanding the Legal Framework in 2025

As of 2025, New York’s eviction process is still primarily governed by:

• New York Real Property Actions and Proceedings Law (RPAPL)
• Housing Stability and Tenant Protection Act (HSTPA) of 2019, with amendments effective through 2025
• Local laws, especially for New York City (NYC), which has additional regulations under the NYC Housing Court

These laws place strict limits on eviction types, notice requirements, and court proceedings. Any deviation from the legal process can result in delays, penalties, or case dismissal — making legal compliance essential.

Types of Legal Evictions in New York (2025)

There are three primary grounds for eviction in New York:

1. Nonpayment of Rent
2. Holdover (Lease Expiration or Rule Violation)
3. Illegal Activity or Nuisance Behavior

Each type has its own procedure, and mistakes can be costly. Let’s break these down.

Step-by-Step: Nonpayment of Rent Eviction Process

Step 1: Late Rent and the 5-Day Rent Demand Notice

Under 2025 laws, landlords must serve a 5-day late rent notice in writing if rent is not paid on time. This notice must:

• Be sent via certified mail or personally delivered
• Inform the tenant that rent is past due

This is not a termination notice — just a heads-up.

Step 2: Fourteen-Day Notice to Pay or Quit

If the tenant still hasn’t paid after the 5-day notice, you must issue a 14-day notice to pay rent or quit.

This notice must include:

• Total rent due
• Exact dates of missed payments
• Option to pay rent within 14 days to avoid court action

Step 3: Filing the Eviction Petition

If the tenant fails to respond, landlords must file a nonpayment eviction case in the New York City Housing Court or appropriate local court (for upstate landlords). Filing includes:

• Petition and notice of petition
• Affidavit of service
• Payment of court fees

Step 4: Court Hearing and Judgment

Tenants have a right to appear and present defenses, including:

• Improper notice
• Rent overcharge
• Housing code violations
• Proof of payment

If the landlord wins, the judge will issue a warrant of eviction and authorize a marshal to remove the tenant after a 14-day notice period.

Holdover Evictions (When the Lease Ends or Rules Are Broken)

A holdover eviction is more complex. It applies when:

• A tenant stays after the lease ends without renewal
• A tenant repeatedly violates lease terms (e.g., subletting, pets, or noise)
• You want to remove a month-to-month tenant

Step 1: Termination Notice Based on Tenancy Type

For most tenants, the notice to terminate must follow strict timelines:

• 30 days’ notice if the tenant has lived there less than 1 year
• 60 days for 1-2 years
• 90 days for over 2 years

NY law as of 2025 still prohibits “self-help” evictions — no changing locks or shutting off utilities.

Step 2: Filing the Holdover Petition

If the tenant does not leave after the notice period, landlords can file a holdover proceeding. This is more time-consuming than nonpayment cases, especially if the tenant claims retaliatory eviction or discrimination.

Step 3: Court Proceedings

Holdover cases often involve:

• Witness testimony (for lease violations)
• Document evidence (emails, photos, lease copies)
• Housing inspections (if unit conditions are disputed)

Winning the case results in a warrant of eviction and a 14-day notice to vacate by a court officer.

Illegal Activity or Nuisance-Based Evictions

In rare and severe cases — like drug dealing or violence — a landlord can start summary eviction proceedings without the typical 30/60/90-day notice.

However, proof must be strong:

• Police reports
• Neighbor statements
• Photos or videos

Judges scrutinize these claims closely. False accusations can backfire legally.

COVID-19 Aftereffects and Current Protections (2025)

While pandemic-era protections have ended, some reforms have stuck around. As of 2025:

• Tenants still get time to cure lease breaches before eviction.
• ERAP (Emergency Rental Assistance Program) continues in limited form — courts often pause nonpayment cases if tenants apply for relief.
• NYC has Right to Counsel for low-income tenants, slowing the process for landlords.

Always check for pending aid applications before proceeding.

Real-Life Case Study – Bronx, NY (2025)

Case: Richard G. v. Monica P. (Bronx Housing Court)

Richard, a small landlord, leased a 2-bedroom apartment in the Bronx to Monica, a tenant who had stopped paying rent since December 2024. By March 2025, he was owed over $8,200.

Timeline of Events:

• March 10, 2025 – Richard sends a certified 5-day rent demand letter.
• March 18, 2025 – No payment. He serves a 14-day notice to pay or quit.
• April 3, 2025 – Tenant doesn’t respond. Richard files a petition in Bronx Housing Court.
• April 25, 2025 – Court hearing held. Monica claims she applied for rental aid.
• May 2025 – Court pauses case for 30 days to verify ERAP status.
• June 1, 2025 – No aid received. Court issues judgment in Richard’s favor.
• June 17, 2025 – Warrant of eviction executed.

This case shows how eviction, even when justified, can take months in NY due to legal delays and aid applications.

Tips for Landlords to Handle Evictions Legally and Efficiently

1. Document everything – Always maintain written records of notices, rent ledgers, and communication.
2. Serve notices properly – Use certified mail or licensed process servers. Mistakes here kill cases.
3. Respect tenant rights – Avoid harassment or illegal lockouts. These can lead to lawsuits.
4. Consult an attorney – Especially in NYC, where court rules change frequently.
5. Consider mediation – Sometimes, a negotiated move-out or payment plan avoids costly litigation.
6. Stay updated with ERAP and rent control rules – They continue to impact evictions.

Additional Requirements for NYC Landlords (2025)

New York City imposes extra obligations:

• HPD Certification: If there are building violations, you may need repairs certified before eviction.
• Stabilized Tenants: For rent-stabilized apartments, you can’t evict just because the lease ends — you need legal grounds like nonprimary residence or owner occupancy.
• Lead Paint Disclosure: Eviction cases can stall if disclosure wasn’t made for tenants with children under 6.

Final Thoughts

Being a landlord in New York in 2025 is both a business and a legal responsibility. Evictions are no longer fast or easy, especially in urban areas like NYC where tenant protections are robust. But landlords who stay informed, follow the law meticulously, and treat tenants fairly can still regain control of their property when legally justified.

20 FAQs New York Eviction Laws 2025 – Every Landlord & Tenant Must Know

New York, unlike many U.S. states, has tenant-friendly eviction laws, making the process more complex for landlords — especially post-pandemic. In 2025, updates to the Housing Stability and Tenant Protection Act (HSTPA) continue to shape eviction proceedings across NYC and the state.

Whether you’re a small landlord in Brooklyn or a property manager in Albany, this guide answers 20 frequently asked questions about New York eviction laws, complete with practical solutions and real-world context.

1. What are the legal reasons for eviction in New York (2025)?

Landlords can legally evict tenants for:

• Non-payment of rent
• Violation of lease terms
• Nuisance behavior
• Illegal activity
• Lease expiration (holdover tenants)

However, just cause is required in rent-stabilized or controlled apartments.

2. Is a written notice always required before eviction?

Yes. New York requires written notice depending on the situation:

• 14-Day Notice: For non-payment of rent
• 30/60/90-Day Notice: For no-fault lease terminations (based on tenancy duration)
• 10-Day Notice to Cure: For lease violations

Without proper notice, the case can be dismissed.

3. Can a landlord in NYC evict a tenant without court order?

Absolutely not. Self-help evictions are illegal across all of New York. That means no:

• Lockouts
• Cutting off utilities
• Removing personal property

Only a Housing Court judge can authorize eviction with a Warrant of Eviction.

4. What’s the eviction process timeline in New York (2025)?

Depending on the case type and tenant response, evictions may take:

• Uncontested cases: 30–60 days
• Contested cases: 2–4 months or longer

In NYC, backlog and legal aid involvement may extend timelines.

5. What’s the first legal step to start eviction in New York?

After serving the appropriate notice, landlords file a Petition and Notice of Petition in the Housing Court of their county.

This officially begins the eviction lawsuit.

6. How is the tenant notified of the court date?

Tenants must be personally served by a licensed process server (not the landlord) with:

• A copy of the Notice of Petition
• A copy of the Petition for Eviction

Improper service can delay or dismiss the case.

7. What happens if the tenant doesn’t respond to the petition?

If the tenant fails to appear in court, the landlord may request a default judgment, leading to a Warrant of Eviction.

However, courts may reopen the case if the tenant later files a motion.

8. What defenses can tenants raise in New York eviction cases?

Tenants can fight eviction based on:

• Improper notice or service
• Retaliation (e.g., for filing complaints)
• Lack of lease violation proof
• Dangerous or uninhabitable conditions
• COVID-related hardship (ongoing in certain cases)

NYC courts are sensitive to retaliation and repair issues.

9. Can a landlord evict during winter in New York?

Yes. There is no winter eviction ban, but:

• NYCHA and public housing may delay evictions seasonally.
• Extreme weather may pause sheriff/constable lockouts.

Still, the eviction process proceeds legally year-round.

10. How long does a tenant have after the court grants eviction?

Once a Warrant of Eviction is issued, the City Marshal (or Sheriff) gives:

• 72-hour notice (in NYC)
• 14-day notice (in upstate counties)

The tenant must vacate or risk forced removal.

11. Can a landlord evict a tenant on a month-to-month basis in 2025?

Yes — but they must provide:

• 30 days’ notice if tenant has lived there <1 year
• 60 days for 1–2 years
• 90 days for 2+ years

This is required even if there’s no written lease.

12. What is the difference between non-payment and holdover eviction?

• Non-payment: Tenant owes rent; landlord demands payment or eviction.
• Holdover: Tenant stays beyond lease or violates lease terms; rent may be current.

Holdover cases often take longer due to legal complexity.

13. What if the tenant offers to pay rent after court is filed?

New York allows tenants to pay all rent due before the court date to dismiss the case. After the case is filed:

• Landlord may accept payment and continue
• Or agree to settlement, often with a move-out date

Accepting partial rent without agreement may weaken the case.

14. How do rent-stabilized tenants get evicted in 2025?

Landlords must show “good cause” and follow extra steps, such as:

• Proof of chronic non-payment
• Major lease violations
• Owner-occupancy evictions (with strict rules)

Rent-stabilized tenants enjoy broader protections than market-rate renters.

15. What happens to tenant belongings after eviction?

After eviction:

• City Marshals do not store property.
• Belongings left behind are often discarded, unless agreed otherwise in court.

Landlords must follow marshal instructions carefully to avoid liability.

16. Can a tenant delay eviction with a hardship claim?

Yes. Tenants can request a stay of eviction for up to 6 months if:

• They show hardship
• They have a child, disability, or health issue
• They are seeking housing actively

Courts may also offer stays for elderly tenants or during holidays.

17. What happens if a tenant files bankruptcy during eviction?

Evictions are paused under the federal automatic stay unless:

• The eviction judgment was issued before bankruptcy
• The landlord files a motion to lift the stay

Bankruptcy does not eliminate rent owed but may delay proceedings.

18. Do courts favor tenants in New York?

New York is tenant-friendly, especially in NYC. Courts:

• Heavily scrutinize notice/service
• Encourage settlement and mediation
• May appoint tenant lawyers at no cost

That said, landlords who follow proper process often prevail.

19. Are there different rules for NYC vs. other parts of New York State?

Yes. NYC has:

• Unique Housing Court
• Right to Counsel for tenants
• Special marshals (not sheriffs)
• More rent regulation units

Outside NYC, county courts manage evictions, often with simpler rules.

20. Can a landlord represent themselves in court?

Yes, individual landlords can represent themselves. But:

• Corporations/LLCs must use attorneys
• Complex cases (e.g., rent stabilization, discrimination claims) benefit from legal help

Pro tip: Mediation is available in most courts to avoid trial.

🧾 Real Case Example (2025): Brooklyn Tenant Eviction for Non-Payment

Background: A landlord in Brooklyn hadn’t received rent in 4 months. After sending a 14-Day Notice, she filed in Housing Court.

• The tenant raised a defense that repairs were neglected.
• The court ordered a home inspection, which found minor violations.
• The judge gave the tenant 30 days to pay or vacate.
• The tenant failed to pay, and a Warrant of Eviction was issued.
• A marshal gave 72 hours notice and executed eviction.

Total time: 93 days, including 2 court dates.

Lesson: Document repairs, notices, and communication to avoid delays.

✅ Final Thoughts: Landlords Must Be Legally Cautious in New York (2025)

New York’s eviction laws favor process and protection — especially for vulnerable tenants. Landlords must understand:

• Notice timing and court rules
• Rent stabilization restrictions
• Legal representation needs

Skipping legal steps will cost you time and money. But with accurate knowledge, landlords can:

• Avoid illegal lockouts
• Save on prolonged litigation
• Protect their property rights lawfully

Need help drafting legal notices or court filings in New York? We can prepare customized forms or connect you to housing attorneys.