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Eviction timeline in New York

New York Eviction Timeline

Uncontested: 30–90 days  ·  Contested: 90–210 days  ·  Under N.Y. RPL § 226 et seq. & RPAPL § 711

The New York eviction process requires a court-ordered judgment before a landlord can remove a tenant. Timeline figures below begin after the pre-filing notice period expires and the landlord files the complaint with the court. Add 3–60+ days for the applicable pre-filing notice period (pay-or-quit, cure-or-quit, or no-fault) depending on the eviction reason.

New York Eviction Timeline at a Glance1

30–90 days Uncontested
90–210 days Contested
$45–$210 Court filing fee
$1,000–$4,000 Attorney fees (est.)
#31 of 51 Fastest nationally
Uncontested eviction (after filing) 30–90 days N.Y. RPL § 226 et seq. & RPAPL § 711
Contested eviction (after filing) 90–210 days N.Y. RPL § 226 et seq. & RPAPL § 711
Pre-filing notice: Nonpayment of rent 14 days RPAPL § 711(2)
Pre-filing notice: Holdover, tenancy under 1 year 30 days RPL § 226-c
Pre-filing notice: Holdover, tenancy 1 to 2 years 60 days RPL § 226-c
Pre-filing notice: Holdover, tenancy 2 years or more 90 days RPL § 226-c
Pre-filing notice: Material lease violation 10 days RPAPL § 711(1)
Court filing fee $45–$210 N.Y. RPL § 226 et seq. & RPAPL § 711

Step-by-step New York eviction process

Day-by-day, every stage.

Each row's day-label is the cumulative start of that stage on the worst-case clock.
Pre-filing Notice File Court Lockout
  1. Same day
    1
    Stage 1 · Gate

    Confirm Good Cause coverage

    Day 1

    Check whether the property is covered by the Good Cause Eviction Law (NYC auto-covered as of 2024-04-20; 17 other municipalities opted in). If covered, every notice and the petition must include Good Cause language. If exempt, the exemption must be stated on the notice.

  2. 14–90d
    2
    Stage 2 · Serve

    Serve the right notice

    Day 1

    14-day rent demand for nonpayment (RPAPL § 711(2)). For holdover, 30/60/90 days based on tenancy length (RPL § 226-c). Every nonpayment notice must include the Good Cause notice if covered. Defective notice is the most common dismissal ground.

  3. 1–3d
    3
    Stage 3 · File

    File the petition

    Day 91

    NYC Civil Court Housing Part for NYC; varies by county outside NYC. Filing fee $45 in NYC, higher upstate. Attach the lease, the served notice, and proof of service. The petition must match the served notice in amount, parties, and grounds.

  4. 5–17d
    4
    Stage 4 · Court

    Serve the notice of petition

    Day 94

    Personal service first. Substitute or conspicuous place service after documented diligent attempts. Service must be made within the statutory window before the return date (10 to 17 days for nonpayment, 5 to 12 for holdover). Miss the window and the petition gets dismissed.

  5. 7–30d
    5
    Stage 5 · Court

    Return date and settlement conference

    Day 111

    Tenant appears or files a written answer. NYC Housing Court runs a mandatory settlement conference; many cases resolve there. If the tenant does not appear, the landlord may proceed to inquest and default judgment.

  6. 30–90d
    6
    Stage 6 · Lockout

    Trial, judgment, warrant of eviction

    Day 141

    Bench trial in Housing Court, typically within 30 to 90 days of the petition. After judgment for the landlord, the court issues a warrant of eviction. The warrant must give the tenant at least 14 days notice before a marshal or sheriff can execute it.

  7. Day 231
    ✓
    Possession recovered
    Worst case · Day 231
Timelines begin at court filing, not notice service. The New York timelines above start when the landlord files the eviction complaint with the court. Add pre-filing notice periods (3–60 days depending on eviction reason) to get the full end-to-end timeline. Self-help eviction, changing locks, removing belongings, or shutting off utilities, is illegal in New York and exposes the landlord to significant damages.

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About this page. Researched and written by the NextGen Properties research team — the underwriters, asset managers, and acquisitions staff who have priced, bought, and operated rental property for more than two decades. Reviewed before publication by the NextGen Properties editorial desk. How we work: editorial guidelines · scoring methodology.

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Informational only, not legal advice. Consult a licensed New York attorney. Source attribution in the Sources band below.