Tenant Eviction Proceedings for New York Landlords

A nonpayment proceeding is used when the tenant remains in possession but has failed to pay rent that is legally due.

New York requires several steps before filing. If rent has not been received within five days of the due date, Real Property Law § 235-e(d) generally requires a written late-rent notice by certified mail. Before commencing the court case, the landlord must also make a written rent demand giving the tenant at least 14 days to pay the overdue rent or surrender possession.

The New York Courts nonpayment guidance emphasizes that the rent demand must precede the case. A defective demand can jeopardize the proceeding rather than merely create a technical issue.

Properties subject to additional federal requirements may need separate analysis. For example, certain properties covered by the federal CARES Act can be subject to additional notice requirements before a nonpayment proceeding.

Related rent and lease issues may also require review under the parties' residential lease.

A holdover proceeding addresses situations where the landlord claims the tenant's legal right to occupy the property has ended.

Potential grounds include:

Expiration or lawful termination of a tenancy

A substantial lease violation

Nuisance conduct

Unauthorized occupancy that violates an enforceable lease term or otherwise supports a recognized possessory claim

Failure to cure a remediable lease violation

Another legally recognized basis for terminating possession

The required predicate notice depends on the ground. A lease violation may require a notice to cure followed by a notice of termination. For some nonrenewal or termination situations, Real Property Law § 226-c can require 30, 60, or 90 days' advance notice depending on the length of the tenancy and lease.

An expired lease alone is not always enough, particularly when the Good Cause Eviction Law applies.

Real Property Law Article 6-A applies in New York City and in municipalities that have opted into the statutory framework. The law contains multiple exemptions, so geographic location alone does not determine coverage.

Relevant screening questions can include:

Whether the property is in a covered municipality

Whether the owner qualifies for a small-landlord exemption

Whether the building is owner occupied

Whether the unit is rent regulated

Whether the property is a condominium or cooperative

Whether a newer-construction exemption applies

Whether the unit exceeds the applicable high-rent threshold

The New York Attorney General's Good Cause Eviction guidance explains the current coverage framework and exemptions.

A covered landlord generally cannot rely solely on lease expiration as the reason for removing a tenant. The statutory ground for eviction or nonrenewal must be evaluated before the case starts.

Good Cause is not only a merits issue. It also affects notices and the contents of court papers.

For a covered tenancy based on a substantial lease obligation or landlord-rule violation, the Good Cause Eviction Law generally requires written notice giving the tenant 10 days after receipt to cure the violation before that ground is used to terminate the tenancy.

New York law also requires specified Good Cause information in leases, renewals, and certain legal notices. A summary proceeding petition must address whether Good Cause applies and, when an exemption is claimed, identify the applicable basis.

The procedural consequences are significant. In Morgan v. Caesar, a 2026 Appellate Term decision, dismissal of a holdover petition was affirmed where the petition failed to state whether the Good Cause Eviction Law applied and did not satisfy the related pleading requirements.

For landlords, the practical rule is straightforward: determine Good Cause status before serving termination papers rather than trying to repair the issue after filing.

The correct notice depends on the type of proceeding. A nonpayment case requires a proper rent demand, while a holdover may require a notice to cure, termination notice, nonrenewal notice, or another predicate notice.

After the required notice period expires, the landlord can commence the summary proceeding under RPAPL Article 7 by filing the appropriate Petition and Notice of Petition in the court with jurisdiction over the property.

Service is not a formality. The content, timing, and method of serving both predicate notices and court papers can become independent grounds for a defense.

Winning the case does not authorize the landlord to personally remove the tenant.

After a landlord obtains the necessary judgment and warrant, an authorized marshal, sheriff, or constable carries out the physical eviction. New York Courts explains the post-judgment process in its eviction guidance.

A landlord should not replace locks, shut off utilities, remove belongings, or otherwise use self-help to force an occupant out. Enforcement of a warrant should proceed through the authorized officer.

Issues arising after judgment may also require separate eviction enforcement analysis.

Depending on the case, a tenant may raise issues involving:

Defective predicate notices

Improper service

Disputed rent calculations or payments

Warranty of habitability

Retaliation

Rent regulation

Good Cause Eviction coverage

Improper lease termination

Failure to satisfy statutory pleading requirements

Not every asserted defense defeats an eviction. The important issue is whether the landlord's evidence establishes the statutory ground and whether the notices and pleadings satisfy the applicable procedural rules.

Lease files, rent ledgers, payment records, renewal correspondence, photographs, complaints, notices, and proof of service often become important once the matter is contested.

Summary proceedings move under specialized statutory rules. Even a seemingly minor defect can result in dismissal, corrective motion practice, or the need to restart the proceeding.

New York Courts warns that an incorrect notice or improper service can become a defense and, depending on the defect, may require the landlord to correct the problem before proceeding.

The practical consequence can be:

defective notice → possible dismissal → corrected notice → refiling → additional delay

Early review can therefore focus not only on whether the landlord has a substantive reason to recover possession, but also on whether the case is procedurally ready to file.

Potentially, but the absence of a written lease does not eliminate notice or court requirements. A month-to-month or other tenancy without a written lease may require a termination notice before a holdover proceeding can begin. Good Cause Eviction coverage must also be considered where applicable.

There is no single statewide timeline. The length can depend on the court, required notice period, service, tenant defenses, motion practice, adjournments, settlement discussions, trial, and post-judgment applications. A defective notice can add further time because the proceeding may have to begin again.

An individual landlord may be permitted to represent themselves, and New York Courts provides limited DIY resources for qualifying small property owners. Entity landlords face different rules. For example, corporations generally must appear through counsel in City and District Courts, while representation rules in Town and Village Courts differ. The court and ownership structure should therefore be checked before filing.