Filing fees, sheriff costs, attorney fees, and lost rent — under N.Y. RPL § 226 et seq. & RPAPL § 711
The true cost of evicting a tenant in New York is far higher than most landlords expect, and understanding the full price tag — court filing fees, process-server fees, sheriff lockout costs, attorney fees, and weeks or months of lost rent — is the first step toward making rational decisions about when to evict, when to negotiate cash-for-keys, and when to escalate to a contested trial. Under N.Y. RPL § 226 et seq. & RPAPL § 711, a clean uncontested eviction in New York resolves in roughly 30–90 days from the day the initial notice is served; a contested case in which the tenant files an answer and raises defenses (habitability, retaliation, discrimination, improper service, partial payment) can stretch to 90–210 days or more, with every additional day costing the landlord another day of unpaid rent.
The three cost categories every New York landlord needs to budget for are: hard court costs — the New York eviction filing fee ($45–$210), process-server or sheriff service, sheriff or constable lockout fee ($50–$200), writ of possession issuance, and any subpoena or records-request costs; legal representation — a New York eviction attorney typically charges $1000–$4000 for an unlawful detainer or forcible-entry-and-detainer case, with flat-fee and hourly arrangements both common; and lost rent, which is almost always the single largest line item on the ledger, often three to five times the out-of-pocket legal costs combined. On top of those three direct costs, landlords should budget for turnover — cleaning, painting, re-keying locks, trash removal, minor repairs, re-advertising, showings, screening new applicants, and a vacancy period before the next lease starts.
This New York eviction cost guide walks through every line item a rental-property owner should expect to pay, cites the governing statute for each fee, shows a realistic total-cost estimate for both uncontested and contested scenarios, and explains the specific decision points — pro se vs. attorney, small-claims vs. eviction court, cash-for-keys vs. litigation — that drive the final number. All figures reflect typical ranges across New York counties; actual filing fees, sheriff fees, and attorney rates vary from county to county and from firm to firm, so always confirm with your local New York county court and a licensed New York landlord-tenant attorney before relying on these numbers.
| Cost Line | Uncontested | Contested |
|---|---|---|
| Notice prep & service | $75–$200 | $150–$350 |
| Court filing fee | $45–$210 (N.Y. RPL § 226 et seq. & RPAPL § 711) | |
| Process server | $75–$200 | |
| Attorney fees | — | $1,000–$4,000 |
| Sheriff / constable lockout | $50–$200 | |
| Lost rent during process | $1,484–$4,453 (30–90 days @ $1,484/mo) | $4,453–$10,390 (90–210 days) |
| Cleaning, repairs, re-leasing | $800–$2,200 | $1,100–$5,200 |
| Total scenario | $1,879–$6,363 | $6,048–$18,300 |
New York-specific eviction cost dynamics. Expect a New York eviction to run 30–90 days uncontested and 90–210 days contested — every day of the process is another day of unpaid rent accruing on the ledger, which is why the lost-rent line item on a New York eviction typically dwarfs the sum of filing fees ($45–$210), sheriff lockout fees ($50–$200), process-server fees, and attorney fees combined. Lost rent is the number one cost driver in every New York eviction, and speed (prompt notice, prompt filing, prompt service, prompt judgment, prompt writ execution) is the single most valuable skill a New York landlord or property-management company can bring to the table. Because New York requires just cause for non-renewal of a residential tenancy, landlords commonly retain counsel even on routine non-payment cases — the just-cause theory must survive judicial scrutiny, and a defective notice-to-quit or improperly pleaded just-cause basis is the #1 reason New York evictions get dismissed and have to be refiled. Budget toward the higher end of the $1000–$4000 New York eviction-attorney range, and expect most New York landlord-tenant firms to charge a flat fee for an uncontested matter plus hourly rates for contested trial work, depositions, and post-judgment enforcement.
Small-claims court vs. eviction court in New York. A New York landlord pursuing only a money judgment for past-due rent, property damage, or unpaid utilities may file in New York small-claims (or justice, magistrate, or civil) court up to the jurisdictional cap — this is cheaper, faster, and does not require an attorney. But possession — the legal right to change the locks and force the tenant out — is only available through the formal New York landlord-tenant eviction track (unlawful detainer / forcible entry and detainer / summary ejectment, depending on New York nomenclature). Small-claims court in New York cannot issue a writ of possession, cannot order a sheriff lockout, and cannot restore the landlord to physical possession of the rental unit. Most experienced New York landlords file a combined eviction + money-damages complaint in the eviction court to get both outcomes in one case, one filing fee, and one hearing.
Tenant-paid fees, late fees, and attorney-fee recovery in New York. New York law requires every tenant-paid fee — late fee, NSF/returned-check fee, application fee, holdover fee, pet fee, utility overage — to be disclosed in the written lease and to be reasonable in amount. New York courts routinely strike charges that are not clearly authorized in writing, that exceed the statutory cap (where applicable), or that operate as a penalty rather than a liquidated-damages estimate. Attorney-fee recovery in a New York eviction generally turns on whether the lease contains a prevailing-party attorney-fee clause; without one, each side bears its own fees unless the New York landlord-tenant statute specifically authorizes fees in the action. When the lease does include a prevailing-party clause, New York courts treat it as reciprocal — the prevailing party (landlord or tenant) is entitled to reasonable fees, which is why poorly screened evictions can end up costing the losing landlord more in tenant-side attorney fees than the unpaid rent being pursued.
Cash-for-keys economics in New York. A cash-for-keys settlement — in which the New York landlord pays the tenant $500–$3,000 in exchange for a signed vacate-and-release agreement and prompt surrender of the unit — is almost always cheaper than a contested New York eviction. Compare the total out-of-pocket cost ($1000–$4000 in attorney fees + filing fees + service fees + sheriff lockout + 60–120 days of lost rent at the New York market rate) against a single cash-for-keys payment, and the negotiated exit usually wins on a pure-dollars basis. Document every cash-for-keys deal in a written vacate-and-release that includes: date certain for surrender, condition of the unit on surrender, mutual release of all claims, waiver of the security-deposit return, and payment only on surrender (never in advance). Consult a licensed New York landlord-tenant attorney before tendering payment.
Every dollar spent on tenant screening saves roughly $15–$25 in eviction and turnover costs. A rigorous screening protocol — verified income, rent-to-income ratio, prior landlord references, and a documented rubric — is the single highest-ROI move a New York landlord can make.
See our tenant screening guide for New York for the 5-point protocol used by NextGen Properties.
An uncontested New York eviction typically runs about $45–$210 in filing fees plus $50–$200 for sheriff lockout, plus 30–90 days of lost rent. A contested case with an attorney adds $1000–$4000 in legal fees and can extend past 210 days.
The landlord pays the filing fee at the time of filing. If the landlord prevails, the judgment may include filing fees and costs against the tenant, but collection is rarely successful.
Attorney-fee recovery in New York generally depends on a prevailing-party clause in the written lease. Without one, each side bears its own fees unless the statute specifically provides for fees in the action.
Cash-for-keys is commonly used in New York. Offering the tenant $500–$2,500 to vacate voluntarily — documented in a written vacate-and-release agreement — typically saves 60–120 days of lost rent and the full litigation cost. Consult a New York attorney before offering.
Most landlord-insurance policies do not cover lost rent from eviction. Loss-of-rents endorsements exist but typically exclude intentional non-payment. A rent-guarantee product or larger security deposit is a better economic hedge than filing coverage.
Sources: N.Y. RPL § 226 et seq. & RPAPL § 711; U.S. Census Bureau ACS 2023 (median gross rent); published court fee schedules. Last reviewed April 17, 2026. Informational only — not legal advice. Consult a licensed New York attorney.
