How do I respond to an eviction notice in New York?
In New York, a landlord generally cannot remove a tenant without starting a court special proceeding and getting a court order. For nonpayment cases, the landlord must usually serve a written demand that gives the tenant a chance to pay before filing. It is also unlawful for landlords to try to force tenants out by lockouts, shutting off services, or other harassment.
Because eviction involves court process and possible criminal or civil penalties for unlawful eviction, tenants often gather documents showing payment or communication with the landlord, consider responding in writing to the notice, and evaluate whether any defenses or special protections apply (for example, federal or state rules for subsidized housing).
Current New York law
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The deadline that matters
For nonpayment evictions, the landlord must generally serve a written demand with at least 14 days' notice before the special proceeding may proceed (see N.Y. Real Prop. Acts. & Proc. Law § 711).
What New York law says
The law generally requires a landlord to bring a special proceeding to recover possession rather than self-help removal. A tenant is protected from removal except in a special proceeding under N.Y. Real Prop. Acts. & Proc. Law § 711. For nonpayment, the landlord must serve a written demand (often a 14-day notice) as described in N.Y. Real Prop. Acts. & Proc. Law § 711. It is unlawful for a landlord to evict or attempt to evict by force, shutting off services, changing locks, or other means outside a court order under N.Y. Real Prop. Acts. & Proc. Law § 768. A landlord may not remove a tenant except upon a court order, as reinforced by N.Y. Real Prop. Law § 216. Special rules may apply to federally assisted housing, including additional notice requirements under statutes like 15 U.S.C. § 9058 and 42 U.S.C. § 12755.
What to do
A common first step is to read the eviction notice carefully and note any stated grounds and dates.
A common step is to gather records: rent receipts, bank records, messages, and the lease or rent-stabilization paperwork if any.
A common option is to send a written response disputing facts or explaining payments or repairs, keeping a copy and proof of delivery.
A common next step is to check whether the unit or tenant has special protections (for example, subsidized housing) and review any additional notice requirements that may apply.
A common action is to prepare for court by organizing documents and considering filing an answer if a petition is served in court.
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Common questions
Can a landlord change my locks or shut off utilities instead of going to court?
No. Under N.Y. Real Prop. Acts. & Proc. Law § 768, it is unlawful to evict a tenant by force, lock changes, or cutting essential services; removal generally requires a court order.
What notice does a landlord need before starting an eviction for unpaid rent?
For nonpayment claims, the law generally requires a written demand with at least 14 days' notice before a special proceeding may be maintained, per N.Y. Real Prop. Acts. & Proc. Law § 711.
Does a landlord always have to sue in court to evict?
Yes. N.Y. Real Prop. Law § 216 states a landlord may not remove a tenant except upon an order of a court of competent jurisdiction entered in an appropriate proceeding.
Are there extra rules for subsidized or federally assisted housing?
Some federally assisted programs impose additional notice or procedure requirements, reflected in statutes such as 15 U.S.C. § 9058 and 42 U.S.C. § 12755.
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This page provides legal information about New York law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
