The landlord begins the process of removing a tenant from their property by serving them with an eviction notice.

• 5-Day Late Notice for Non-Payment
• 14-Day Rent Demand Notice – served after a 5-Day Late Notice
• 30-Day Eviction Notice for Violation of Lease
• Notice to Terminate Month-to-Month Lease
• Eviction Notice for Illegal Activity – not required

State law for the service of legal documents requires that the landlord use a professional process server or another person over 18 years old to serve the notice. Service can be done in person, or by posting on the premises and mailing a copy.

After serving the notice, the server must complete an Affidavit of Personal Service or Affidavit of Substituted or Conspicuous Place Service.

If the tenant doesn’t comply with the notice demands, the landlord can begin an eviction case by completing a Notice of Petition and a Petition:

• Notice of Petition
  • Holdover – NY State / NYC
  • Non-payment – NY State / NYC
• Petition – Holdover / Non-payment
• Non-Payment Petition Program – NY State / NYC

Once completed, these forms, along with the expired notice and Affidavit of Service, must be filed with the clerk of the City, Village, or Town Court (for properties outside NYC) or the Housing Court (for properties within NYC).

A hearing date will be set between 10 and 17 days from the date the papers are served on the tenant.

Next, the landlord must have a private process server or other adult serve the Notice of Petition and Petition and other forms on the tenant.

After serving the documents, the server will need to complete another Affidavit of Service to be filed with the court.

The tenant may choose to respond to the landlord’s petition by filing an Answer or by giving an oral Answer to the court clerk.

In a non-payment case, the tenant can get a stay of issuance of the warrant by paying the full amount of rent due plus the court to the clerk of the court.

For non-payment cases in New York City, the Housing Court provides a Non-Payment Answer Program.

If the landlord and tenant don’t agree to a settlement, they must appear in court on the hearing date. If the tenant doesn’t attend, a default judgment will be entered in the landlord’s favor.

If the landlord wins a holdover case, the Judgment will state any damages the tenant must pay and set an eviction date. In a non-payment trial, if the tenant is able to pay the landlord in accordance with the Judgment, they can maintain their tenancy.

When a Judgment is granted in the landlord’s favor, the judge will issue a Warrant of Eviction that orders the local marshal, sheriff, or constable to evict the tenant.

Upon receiving the Warrant, law enforcement will serve the tenant with a Notice of Eviction, which gives the tenant 14 days to move out before they are forcibly removed.

In non-compliance cases, the court will delay the issuance of the Warrant for 30 days, giving the tenant the chance to fix their violation and retain their tenancy.