The Quick Answer

Your landlord cannot just kick you out.

In NYC, eviction requires a court order. Period. If your landlord tries to remove you without one, that's an illegal lockout—a crime under New York law.

The #1 Rule: Only Courts Can Evict You

Let's start with the most important thing every NYC tenant needs to know:

⚠ Memorize This

Your landlord cannot legally remove you from your apartment without a court order called a "warrant of eviction."

It doesn't matter if you're behind on rent. It doesn't matter if your lease expired. It doesn't matter what your landlord says. Without that court order, they cannot touch you.

Only a New York City Marshal or Sheriff can execute a legal eviction—and only after your landlord wins in court and obtains that warrant. Any attempt to remove you before that is illegal.

What is an Illegal Lockout?

An illegal lockout is when your landlord tries to force you out without going through the courts. This includes:

  • Changing the locks while you're out
  • Removing your belongings from the apartment
  • Shutting off utilities (heat, water, electricity, gas)
  • Blocking access to common areas or your unit
  • Removing the front door (yes, this happens)
  • Harassment designed to make you leave

Illegal lockouts are a crime under RPAPL § 768 and NYC Admin Code § 26-521. If this happens to you, call 911 and demand police assistance to get back in. Then call a lawyer.

The Legal Eviction Process

For your landlord to legally evict you, they must follow this process:

Step 1: Proper Notice

Your landlord must serve you with a written notice. The type and length depends on the case: non-payment demands rent within 14 days; holdover cases may require 30-90 days notice depending on your tenancy length.

Step 2: Court Filing

If you don't comply with the notice, your landlord files a petition in Housing Court. You'll be served with court papers including a date to appear.

Step 3: Court Appearance

Both sides appear before a judge. This is your opportunity to present defenses, negotiate, or request time. Many cases settle here without trial.

Step 4: Judgment

If the landlord wins (either at trial or by default if you don't show up), the court issues a judgment in their favor.

Step 5: Warrant of Eviction

The landlord requests a warrant of eviction from the court. This is the document that authorizes your removal.

Step 6: Marshal's Notice

A City Marshal serves you with a notice giving you at least 14 days warning before execution. This is your last chance to negotiate, pay, or move voluntarily.

Step 7: Execution

Only now—after all these steps—can the Marshal physically remove you. The entire process typically takes 2-6 months.

Good Cause Eviction: The 2024 Game Changer

On April 20, 2024, New York's Good Cause Eviction law went into effect—and it changed everything for market-rate tenants.

Under Real Property Law § 226-c, if you're a covered tenant, your landlord now needs a legally valid "good cause" to evict you or refuse to renew your lease.

Are You Covered by Good Cause?

You're likely covered if:

  • Your landlord owns more than 10 residential units in New York State
  • Your building was built before 2009 (or isn't benefiting from certain tax exemptions)
  • Your rent is below 245% of fair market rent (roughly $5,846/month for a NYC one-bedroom)
  • You're not already rent-stabilized (those tenants have even stronger protections)

(FMR thresholds updated annually; verify current amounts at HUD.gov)

Common Defenses to Eviction

Even if your landlord files against you, you may have defenses:

  • Improper service: Were the papers served correctly? If not, the case may be dismissed.
  • Warranty of habitability: Is your apartment in disrepair? You may be entitled to rent abatement.
  • Retaliatory eviction: Did you complain about conditions or exercise a legal right before this started? Landlords can't evict you for that.
  • Good Cause protections: Does your landlord have a valid "good cause" under the new law?
  • Rent overcharge: Have you been paying illegal rent? You may be owed money.
  • Procedural defects: Did the landlord follow all required steps? Missing notices or improper filings can sink a case.
  • Payment: In non-payment cases, paying the rent owed (plus any legal fees and interest) typically ends the case.

What to Do If You Receive Eviction Papers

Don't panic. Receiving papers is the beginning of a legal process, not the end. Here's what to do:

  1. Read the papers carefully. Identify the court date, the type of case (non-payment vs. holdover), and what your landlord is claiming.
  2. Don't ignore the court date. Failure to appear can result in a default judgment against you.
  3. Gather your evidence. Find your lease, rent receipts, photos of apartment conditions, and any communications with your landlord.
  4. Get legal help. Contact an attorney or visit the Housing Court Help Center for free assistance.
  5. Consider your options. Depending on your situation, you may be able to pay and stay, negotiate a settlement, or fight the case on legal grounds.

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