Evictions in New York City are complicated and strict compliance with the laws are required.  With expanding tenant protections, including Good Cause Eviction protections in New York City, landlords must navigate a highly technical and compliance driven legal system.

If you are a property owner, real estate investor, or property manager searching for a landlord attorney in NYC or an experienced eviction attorney in New York City, understanding eviction procedures, Good Cause and rent stabilization requirements are essential to protecting your rental income and property rights.

 

Understanding Evictions in New York City

All residential evictions in New York City must proceed through Housing Court. A landlord cannot remove a tenant without obtaining a court judgment and a warrant of eviction that is executed by a City Marshal.

There are two primary types of eviction proceedings.

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Nonpayment Proceedings

A nonpayment case is filed when a tenant fails to pay rent. The landlord seeks possession of the apartment and a money judgment for rent arrears.  The main goal of a nonpayment case is to obtain the rent arrears.   

Nonpayment cases are only about rent; a landlord cannot seek additional rent, utilities, late fees and/or legal fees. 

If the tenant pays the amount owed then the tenant is permitted to stay; if the tenant does not pay then the landlord will be permitted to evict. 

My office recommends starting a nonpayment case once a tenant owes 2 months of rent.

 

Holdover Proceedings

A holdover case is filed when a landlord seeks possession for reasons other than unpaid rent.  The main goal of a holdover is to obtain possession.   

These may include:

• Lease expiration

• Violation of lease terms

• Nuisance behavior

• Illegal activity

• Chronic late payment

• Owner occupancy in legally permitted situations

Because New York law provides strong tenant protections, landlords must strictly comply with procedural rules. Even minor technical errors in notice, service, or pleadings can result in dismissal.

Working with an experienced NYC eviction attorney significantly reduces the risk of delay and costly mistakes.  These cases can be complicated so I recommend speaking with an attorney about your rights. 

Determining if you are subject to Good Cause Eviction is essential to determine your options on how to proceed.

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The most common exempts from Good Cause eviction are:

-owner who owns 10 residential units in the state of NY or less;

-owner who lives in the building and the building is 10 units or less;

-coops and condos; and/or

-building built or that have a Certificate of Occupancy in 2009 or later. 

Being exempt from Good Cause eviction means you do not need a reason to evict and you can evict or not renew a lease for any reason or no reason at all.

There are other exemptions and if you are subject to Good cause eviction you may have good cause.  Read Below for info on what is good cause.  Remember you only need “good cause” if you are NOT exempt from good cause eviction law. 

 

The NYC Eviction Process Step by Step

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Step One: Proper Legal Notice

Before filing in Housing Court, landlords must serve the correct legal notice. The type of notice depends on the case:

• Rent Demand for nonpayment (usually 14 day rent demand)

• Notice to Cure for lease violations (usually 10 day notice to cure then a 5 day termination)

• Notice of Termination for holdover cases (10 day licensee; 30/60 or 90 day termination notice)

• Failure to renew rent stabilized lease holdover

Notices must contain legally required language, follow strict timing rules, and be served in accordance with statutory requirements. If Good Cause protections apply, the notice must also comply with those standards.

****EVERY NOTICE AND LEASE MUST HAVE THE STATUTORY GOOD CAUSE EVICTION NOTICE

 

Step Two: Filing in Housing Court

After proper notice is served and any required waiting period has passed, your eviction attorney files a petition.

Nonpayment cases:

 after the petition is served the tenant has 10 days to file an answer.  If the tenant files an answer the court will assign a court date. 

If the tenant does not file an Answer then we can proceed with requesting a default judgment. 

Holdover cases:

After we file the notice of petition and the petition the court will then assign a court date; we then will serve the documents 10-17 days prior to the first court appearance as required by law.   

Our office will then go to court on your behalf.   

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Step Three: Court Proceedings and Judgment

Court process:  both nonpayment and holdover cases once in court are very similar in how the procedure occurs.  If the parties are unable to settle then they will be assigned a trial date.  The trial date will not be the first or the second court date. 

The majority of the time cases settle.  The parties will enter into an agreement.

• Settlement agreements

• Conditional judgments

• Payment plans

• Trial

If the landlord prevails, the court issues a judgment of possession and may issue a money judgment for rent arrears.

However, obtaining a judgment does not automatically remove the tenant. The landlord must take additional legal steps before physical eviction can occur.

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Step Four: Requesting the Warrant and Marshal Execution

After a judgment of possession is entered, the landlord must request that the court issue a warrant of eviction. This document authorizes enforcement of the judgment.

Once the warrant is issued, it is delivered to a City Marshal who is authorized to carry out evictions in New York City.

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GOOD CAUSE EVICTION INFORMATION:

Here is some of the most important information regarding the Good Cause Eviction Law, which was enacted on April 20, 2024. This legislation imposes new restrictions on the circumstances under which an owner may commence eviction proceedings for free-market residential units, provided the owner has an ownership interest in ten (10) or more residential units within New York State.

Applicability and Exemptions

Fortunately, the law includes several notable exemptions. If a property or owner qualifies for an exemption, the Good Cause Eviction Law does not apply, and you may proceed with a holdover proceeding for any reason or no reason at all, subject to the terms of the lease and existing landlord-tenant laws.

If your property falls under one of the following categories, it is likely exempt:

• Owners who own 10 or less residential units statewide;

• Owner-occupied buildings with 10 or fewer units;

• Condominiums and cooperatives;

• Buildings constructed on or after January 1, 2009;

• Sublandlords seeking possession from subtenants for personal use;

• Rent-stabilized or rent-controlled units, which remain governed by existing stabilization or control laws rather than Good Cause Eviction.

Please note that rent-stabilized and rent-controlled units must still comply with all applicable rent regulation laws; however, they are not subject to the new Good Cause Eviction restrictions.

 

Next Steps

If your property does not fall within one of the above exemptions, the eviction must be based on one of the permitted grounds under the law. These include, but are not limited to:

• Nonpayment of rent;

• Nuisance or other wrongful conduct;

• Tenant’s Refusal to renew a lease on reasonable terms;

• Denial of access for inspections or repairs;

• Good faith decision to take of the rental market;

• Other statutory reasons permitted under the Good Cause Eviction Law.

Rent Increase Limitations for properties subject to Good Cause Eviction Law

Good Cause may restrict rent increases that exceed a defined percentage tied to economic indicators. If a rent increase exceeds the statutory threshold, it may be presumed unreasonable unless justified.

GCE requires that landlord renew leases and the maximum increase is 10% or 5% plus the CPI (whichever is less).  Therefore, if CPI is 1% then the max increase would be 6%. 

 

Coverage and Exemptions

Determining whether a property qualifies requires careful legal analysis. An experienced NYC landlord attorney evaluates exemption status before proceeding.

 

Common Grounds for Eviction in NYC for Rent Stabilized units

 

Nonpayment of Rent

Failure to pay rent remains the most common basis for eviction. A proper rent demand must be served before filing.

 

Holdover cases:

-Chronic Late Payment

Repeated late payment may constitute a breach of the lease and support a holdover proceeding.  This typically requires at least 3 nonpayment proceedings filed in court in which the landlord wins; on the 4th time that a tenant is late then a chronic nonpay would prevail and be able to evict the tenant as being deemed incurable. 

-Lease Violations

Examples include:

• Unauthorized occupants

• Illegal subletting

• Non primary residence

• Property damage

• Persistent refusal to provide access

• Smoking

Each case requires very specific notice language in order to prevail at trial. 

-Nuisance or Illegal Activity

Serious misconduct that interferes with other tenants or violates the law may justify eviction.  If a landlord is experiencing a bad tenant the landlord should keep of a log of the date, time and a brief description of the behavior. 

If the behavior is egregious and continues we may be able to terminate the tenancy. 

-Owner Occupancy

In limited circumstances, landlords may recover possession for personal use if statutory requirements are satisfied.

Each ground requires proper documentation, notice, and pleading.

 

Why Hire an Experienced Landlord Attorney in NYC

Eviction litigation in New York City has become increasingly complex due to overlapping rent regulations and Good Cause Eviction requirements.

An experienced landlord attorney provides:

Strategic Case Analysis

Determines whether rent stabilization or Good Cause applies and identifies the strongest legal ground for eviction.

-Proper Notice Drafting

-Prepares legally compliant rent demands and termination notices that withstand court scrutiny.

-Skilled Court Representation

-Advocates for landlords in contested proceedings and trials.

-Effective Negotiation

-Negotiates settlements that protect the landlord’s financial interests when appropriate.

-Risk Management

-Reduces the likelihood of dismissal, delay, or regulatory exposure.

-Protection of Rental Income

-Works to recover possession and unpaid rent as efficiently as possible.

 

When Should You Contact an Eviction Attorney

You should consult a landlord attorney immediately if:

• A tenant stops paying rent for 2 months;

• You intend to refuse lease renewal;

• The tenant is behaving badly and causing issues;

• You plan a significant rent increase;

• A tenant claims Good Cause protection;

• You receive Housing Court papers; and/or

• You suspect unauthorized occupants.

Early legal action often prevents extended litigation and financial loss.

Call now to discuss or click below to read more about evictions.