New York Eviction Defense Guide 2026

This content is for informational purposes only and does not constitute legal advice. Consult a licensed New York attorney or your local legal aid organization for advice specific to your situation.

Facing eviction in New York? You have more rights than you might think. New York has some of the strongest tenant protection laws in the country. This guide explains how to defend yourself, what your landlord must do, and where to get help.

Quick Facts: Eviction in New York

What Your Landlord Must Do Before Evicting You

1. Proper Notice Is Required

Your landlord cannot just file an eviction case. They must first give you written notice.

For Non-Payment of Rent:

• 14-day written notice (RPAPL § 711(2))
• Notice must state the exact amount owed and demand payment
• Notice must be properly served (personal delivery, nailed and mailed, or conspicuous place)

For Holdover (Staying After Lease Ends):

• Notice period depends on tenancy type and location
• NYC: 30-90 days depending on tenancy length
• Outside NYC: Check local laws; typically 30 days for month-to-month

For Lease Violations:

• 10-day notice to cure for most violations
• Then 30-day notice to vacate if not cured
• Different rules apply in NYC under HSTPA

2. Only a Court Can Evict You

After the notice period expires, your landlord must file a case in court:

• NYC: Housing Court
• Outside NYC: City Court, Town/Village Court, or County Court

You will receive court papers (Notice of Petition and Petition). Do not ignore these.

Step-by-Step: What Happens in an Eviction Case

Step 1: You Receive Court Papers

The landlord files a "holdover proceeding" or "non-payment proceeding." You'll receive:

• Notice of Petition — tells you when and where to go to court
• Petition — explains why the landlord wants to evict you

Timeline: Court date must be at least 10 days but no more than 17 days after service (for non-payment).

Step 2: Answer the Petition

You must file an "Answer" with the court clerk. This is where you raise your defenses.

Common defenses to include:

• Improper service of notice or petition
• Landlord didn't give required notice
• You paid the rent (for non-payment cases)
• Apartment has serious code violations (warranty of habitability)
• Landlord is retaliating against you
• Rent stabilization violations (if applicable)
• Landlord accepted rent after the alleged default

Step 3: Go to Court

Bring these documents:

• Copy of your lease (if you have one)
• Rent receipts or bank statements showing payments
• Photos of apartment conditions
• Any notices you received from the landlord
• Communication records (texts, emails, letters)

At court: You may see a judge, a court attorney, or go to mediation. You have the right to:

• Ask for time to get a lawyer
• Request an adjournment (postponement)
• Present your defenses

Step 4: Trial (If No Settlement)

If you don't settle and have valid defenses, you have the right to a trial. The landlord must prove their case.

Step 5: Judgment and Warrant

If the landlord wins, the court issues a judgment and a Warrant of Eviction (RPAPL § 749). The warrant gives you 14 days to leave (6 days in NYC for non-payment).

Key Defenses Against Eviction

1. Improper Notice

The landlord must give you exactly the right type of notice, with the right information, served the right way. Common defects:

• Wrong number of days
• Missing required information (like rent amount)
• Improper service method

2. Warranty of Habitability

Under New York law (Real Property Law § 235-b), every rental must be fit for human habitation. If your apartment has serious problems, you may have a defense:

Examples of violations:

• No heat or hot water
• Mold or water damage
• Pest infestations
• Lead paint hazards
• Broken locks or security issues
• No working smoke detectors

Remedy: You may be entitled to a rent reduction (rent abatement). In non-payment cases, this can reduce or eliminate what you owe.

3. Retaliatory Eviction

Landlords cannot evict you for exercising your legal rights (RPAPL § 223-b). Protected activities include:

• Complaining about housing code violations
• Filing a complaint with a government agency
• Joining a tenant organization
• Withholding rent for repairs (properly done)

Timeframe: If you complained within the past year, the landlord must prove the eviction isn't retaliatory.

4. Rent Stabilization Violations (NYC and Some Suburbs)

If your apartment is rent-stabilized, your landlord must follow extra rules:

• Can only evict on specific grounds
• Must offer lease renewals
• Must register the apartment and rent

5. Acceptance of Rent

If your landlord accepted rent after the date they claim you defaulted, this may defeat their case. Each acceptance can restart the process.

6. Failure to Register (NYC)

In NYC, landlords of rent-stabilized or rent-controlled apartments must register with the state. Failure to register can be a defense.

Illegal Evictions — Know Your Rights

Self-help evictions are illegal in New York. Your landlord cannot:

• Change the locks
• Turn off your electricity, gas, or water
• Remove your belongings
• Threaten or harass you
• Remove your door or windows

If this happens:

1. Call the police (911 for emergencies, 311 in NYC for housing complaints)
2. Document everything with photos and videos
3. Contact a lawyer immediately — you may be entitled to damages

Damages for illegal eviction: You may recover treble (triple) damages under RPAPL § 853.

New York City: Right to Counsel

Good news for NYC tenants: Under Local Law 136, low-income tenants in NYC have the right to a free lawyer in Housing Court.

How to access:

• Call 311 and ask for the Tenant Helpline
• Visit the Housing Court's Help Center
• Contact a legal aid organization (see resources below)

Income eligibility: Generally, households earning less than 200% of the federal poverty level.

Outside New York City

Tenant protections vary by county and municipality. Check your local laws:

• Buffalo: Contact the Buffalo City Court or Western New York Law Center
• Rochester: Contact the Monroe County Legal Assistance Center
• Albany: Contact the Legal Aid Society of Northeastern New York
• Yonkers: Similar protections to NYC in some areas

Filing Fees and Fee Waivers

Eviction filing fees in New York:

• Housing Court (NYC): ~$45-110
• City/Town Courts: Varies, typically $25-75

Can't afford the fee? You may qualify for a fee waiver (poor person status) under CPLR Article 11. Ask the court clerk for an application.

What to Do Right Now

If you just received a notice:

1. Don't panic — you have time
2. Read the notice carefully for errors
3. Gather your lease and rent records
4. Contact a tenant hotline or legal aid immediately

If you received court papers:

1. File an Answer immediately — do not miss deadlines
2. Gather evidence (photos, receipts, communications)
3. Find legal representation (free help may be available)
4. Attend every court date — missing court = automatic eviction

If you're being illegally locked out:

1. Call 911
2. Document everything
3. Call 311 (NYC) or your local tenant hotline
4. Contact a lawyer — you have strong legal remedies

Legal Aid Resources in New York

New York City

Outside NYC

Statewide Resources

• NY State Bar Association Lawyer Referral: (800) 342-3661
• Housing Court Answers (NYC): (212) 962-4795
• LSC Find Legal Aid: lsc.gov/find-legal-aid

Controlling New York Statutes

Disclaimer

This guide provides general information about New York eviction law. It is not legal advice. Every situation is different, and laws change. For advice about your specific situation, contact a licensed New York attorney or your local legal aid organization.

Jurist-Diction provides legal document templates for informational purposes only. We do not provide legal advice and do not represent you in court. For legal representation, contact the organizations listed above or the New York State Bar Association.

Related Resources

• New York Divorce Guide
• New York Child Custody Guide
• New York Expungement Guide
• Divorce Documents - New York
• Child Custody Documents - New York

Last updated: March 2026