Top Questions from NYC Landlords About Evictions — Answered by an Experienced Landlord Attorney
- Carl J. Muraco
- 16 hours ago
- 4 min read
We asked over 100 New York City landlords to share their top landlord-tenant and eviction questions. Below are the most common questions and answers provided by an experienced eviction attorney who works with NYC landlords every day.
Most common questions was:
Why Does NYC Treat Landlords So Badly — and How Can We Change It?
As a landlord attorney practicing in New York City, I hear this frustration constantly. The truth is, NYC has villainized landlords and often forgets that most property owners are hardworking individuals — not large corporations. Many small landlords have invested their life savings into one or two properties, only to be trapped in a slow eviction process and burdened by non-paying tenants.
Unfortunately, until the law changes, the best thing landlords can do is contact local, city, and state representatives to share your experiences. Change starts with awareness. Until then, understanding landlord-tenant law and following best practices for evictions is essential to protect your investment.
Common Eviction Questions Answered by a New York City Landlord Attorney
1. When Can I Legally Evict a Tenant for Non-Payment of Rent?
A landlord can begin a non-payment eviction as soon as a tenant owes rent. However, landlords cannot seek legal fees or late charges in Housing Court. Best practice is to begin the process after 2–3 months of missed rent.
Steps to file a non-payment eviction:
Serve a 14-day rent demand.
File and serve the petition.
The tenant has 10 days to file an answer.
If no answer is filed, you can seek a default judgment. If they do file, the court will schedule a hearing.
****Best Practice: Start the eviction proceeding after two months of owed rent and consult with an eviction attorney early.
2. Can I Change the Locks or Remove a Tenant Myself?
Unfortunately not. In NYC, it’s illegal to change locks or remove a tenant without a court-ordered judgment and warrant. However, in cases where an occupant has clearly vacated for at least 30–60 days, abandonment may apply — but this is a fact-specific defense. Always consult a landlord attorney before acting, especially for rent-stabilized units.
3. What Notice Do I Need to Give a Tenant to Vacate?
Assuming the property isn’t subject to the Good Cause Eviction Law, landlords must provide written notice based on the tenancy length:
Less than 1 year → 30 days’ notice
1–2 years → 60 days’ notice
Over 2 years → 90 days’ notice
Important: Every notice must include the Good Cause Eviction disclosure. Missing this requirement can result in case dismissal.
4. How Long Does the NYC Eviction Process Take?
The eviction timeline varies. After filing, you’ll need a court date, judgment, and a marshal’s warrant. Adjournments and tenant defenses often cause delays. On average, expect 6–18 months from start to finish. Working with an experienced eviction attorney can help you avoid common procedural mistakes.
5. What If the Tenant Pays the Past-Due Rent?
If the tenant pays all rent owed, the non-payment case will end. Note: landlords cannot collect legal fees in Housing Court unless your lease includes a legal fee provision. Also, avoid separating utilities unless tenants have their own meters.
6. Am I Exempt from the Good Cause Eviction Law?
You are exempt from the Good Cause Eviction Law if:
You own 10 or fewer residential units in New York State (small landlord exemption) commercials units do not apply.
You live in the building and it has 10 units or fewer.
The property is newly constructed (CO after 2009).
The unit is a condo or co-op.
commercial units are exempt from good cause eviction laws.
If Good Cause Eviction applies, you still have options. Permitted reasons for eviction include non-payment, lease violations, nuisance, illegal use, owner or family occupancy, demolition, or withdrawal from the rental market.
7. What Happens If I Evict Without a Court Order?
Illegal evictions are taken seriously. You could face civil and criminal penalties, including treble damages for self-help evictions. Always contact an eviction attorney before taking any action — NYC courts and police strictly enforce tenant protections.
8. What’s the Difference Between a Holdover and a Non-Payment Case?
A holdover case applies when a tenant stays after the lease expires or violates terms. A non-payment case focuses on rent owed. Choosing the right case type depends on your goal:
If you want the rent, file a non-payment case.
If you want possession of the property, file a holdover.
Your landlord attorney can guide you to the best strategy for your situation.
9. Can I Evict a Tenant Who Refuses Access or Causes a Nuisance?
Yes. Refusing access, damaging property, or creating a nuisance are valid grounds for eviction. Under Good Cause Eviction, these issues may also qualify as “good cause.” Always document incidents and consult with an eviction attorney to build your case properly.
10. What Are My Responsibilities During the Eviction Process?
Even if a tenant hasn’t paid rent in years, you must maintain the property — including heat, hot water, and safety compliance. You must also follow housing codes, register rents if required, and comply with all procedural rules.
Final Thoughts from an NYC Landlord Attorney
Being a landlord in New York City is more complicated than ever. The eviction process is tedious, and tenant laws heavily favor occupants. However, with the help of an experienced landlord attorney or eviction attorney, you can protect your property, follow proper procedures, and minimize financial loss.
Contact my office today at (718) 938-9732 to speak directly with an eviction attorney about your rights, your property, and the best strategy for your specific case.
When in doubt — start the process the right way.