New York Eviction Laws In 2026: The Renter's And Landlord's Complete Handbook

You’re not alone if eviction laws confuse you. Most people have no idea how strict New York is about the process. But here’s the thing: understanding these rules could save you thousands of dollars and months of stress.

Whether you’re a landlord trying to remove a tenant or a renter facing eviction, New York has changed the game. New laws protect tenants in ways they didn’t before. Landlords? They have to follow incredibly specific rules or they risk losing everything in court. Let’s break down exactly what you need to know.

What Is an Eviction Anyway?

An eviction is when a landlord goes to court to legally remove a tenant from the property. It’s not the landlord just changing the locks or throwing someone’s stuff on the street. That’s illegal and could result in serious fines and lawsuits.

The only way to evict someone in New York is through the courts. A judge must sign off on it. A law enforcement officer then carries it out.

Think of it like this: it’s a legal process that protects both sides. The tenant gets a chance to respond in court. The landlord gets a fair hearing too.

New York’s Good Cause Eviction Law (2024)

Okay, pause. This is important.

On April 20, 2024, New York passed a huge law called Good Cause Eviction. It changed the game for renters in New York City and certain other cities. If you live in a covered area, you need to understand this.

Under Good Cause Eviction, landlords can no longer kick out tenants just because they want to. The landlord must have a real, valid reason. This applies to market-rate (unregulated) apartments.

Which cities are covered? As of April 2025, Good Cause Eviction applies to New York City, Albany, Ithaca, Kingston, Poughkeepsie, Rochester, Beacon, Newburgh, Nyack, Hudson, New Paltz, Fishkill, Catskill, Croton-on-Hudson, and Binghamton.

Not all apartments are covered. Let me explain the exceptions.

When Good Cause Eviction Doesn’t Apply

Here’s where it gets tricky. Some buildings are exempt from Good Cause Eviction protections.

Small landlords are exempt. If your landlord owns 10 or fewer units total in New York State, Good Cause Eviction doesn’t protect you. The landlord can evict you without proving good cause.

Buildings built less than 30 years ago are also exempt. The law only applies to homes that have been built for 30 years or longer. So a building built in 2010? That’s protected starting in 2040. Not before.

Additionally, some buildings are not covered, including homes in hospitals, assisted living facilities, senior communities, and rent-controlled or rent-stabilized apartments.

Other exempt buildings include condos, cooperatives, and homes renting for extremely high amounts (more than 245% of Fair Market Rent in your area).

Wondering if your apartment is covered? The landlord must tell you. When they want to not renew your lease or raise your rent, they must explain whether Good Cause Eviction applies to you.

What Counts as “Good Cause” for Eviction?

Here’s the list of valid reasons a landlord can evict someone under Good Cause Eviction:

Nonpayment of Rent

You didn’t pay the rent. This is the most common reason. But here’s the catch: the rent increase can’t be unreasonable. A rent increase is presumptively unreasonable if it’s greater than the lower of: 5 percent plus the annual consumer price index change for your region, or 10 percent.

So if your rent jumped 15%, that’s presumptively unreasonable. Your landlord can’t evict you for nonpayment if that huge increase caused the problem.

Lease Violations

You broke the lease terms. Maybe you have an unapproved pet. Perhaps you’re smoking in a non-smoking unit. You’re disturbing neighbors. The landlord must give you a chance to fix it. This is called “curing” the violation.

Illegal Activity

You’re using the apartment for illegal purposes. This is serious. But your landlord has to prove you’re customarily using it illegally. One mistake doesn’t count.

Owner or Family Use

The landlord wants to live in the apartment themselves. But they have to meet strict conditions. They must genuinely intend to use it as their primary residence. It has to be for them or a close family member like a spouse, child, or parent.

Here’s the good part: if you’re 65 or older, or disabled, the landlord cannot evict you for this reason. You have extra protection.

Demolition

The landlord wants to demolish the building. They must prove they have a real plan to do it. They need permits. They need financing. They need proof from the city.

Basic Eviction Reasons (All Areas of New York)

Not everyone is covered by Good Cause Eviction. If you live outside these cities, or if you’re exempt, here are the basic eviction reasons that work anywhere in New York.

Nonpayment of Rent

Rent is considered late if it’s received five days after the due date. On the sixth day, landlords can provide a 14-day notice to quit. The tenant then has 14 days to pay or move out.

The landlord can also charge a late fee. The maximum is $50 or 5% of monthly rent—whichever is less.

Lease Violations

The tenant violated the lease. The landlord gives a written notice, typically 30 days, to fix it or move out. The tenant must fix it in the time given.

Illegal Activity

The tenant is using the apartment for illegal purposes. No advance notice is required for this. The landlord can go straight to court.

End of Lease/Non-Renewal

The lease ends and the landlord doesn’t renew it. The landlord must give proper notice. The length of notice depends on how long the tenant has lived there.

Notice Requirements: What Your Landlord Must Give You

This is critical information. A landlord cannot just knock on your door and say you’re evicted.

For Nonpayment of Rent

Your landlord must give you a 14-day notice. This notice states how much rent is due and the deadline to pay or move.

For Lease Violations

Your landlord typically gives a 30-day notice to cure or quit. This gives you 30 days to fix the problem or leave.

For Non-Renewal of Your Lease

The notice period depends on how long you’ve been there. If you’ve lived there less than two years, you might get 30 days. If two years or more, you typically get 90 days.

How the Notice Must Be Served

The landlord can deliver it by hand. They can leave it with another adult at your apartment. They can post it in a conspicuous place. They can mail it.

Mailing is legal, but hand delivery is safest. Make sure you actually get the notice.

The Eviction Court Process: Step by Step

Okay, let’s walk through what happens if the landlord files an eviction case. Stay with me here.

Step 1: Notice is Served

The landlord serves you with a notice (as explained above). You have the required time to pay or fix the issue.

Step 2: Court Filing

If you don’t pay or fix the problem, the landlord files a petition with the court. They file a “Notice of Petition” and a “Petition.” These explain why they want you out.

Step 3: You Receive Court Papers

A process server (not the landlord) delivers you the court papers. They must serve you at least 10 days before the court date, but no more than 17 days before.

This is important: proper service is required. If the papers aren’t served correctly, the case might be dismissed.

Step 4: Court Hearing

You go to court. The judge hears both sides. You can bring evidence. You can defend yourself.

You can argue that the rent increase was unreasonable. You can say you fixed the lease violation. You can claim the landlord is retaliating or discriminating against you.

Step 5: Judgment

The judge decides. If you win, you stay. If the landlord wins, the judge issues a “Judgment for Possession.”

This typically happens the same day or within a week. It depends on the court’s schedule.

Step 6: Warrant of Eviction

The landlord then gets a “Warrant of Eviction” from the court. This is the legal document that says you must leave.

Step 7: Notice of Eviction from Law Enforcement

A sheriff or marshal delivers a Notice of Eviction to you. This gives you 14 more days to move out voluntarily.

Step 8: Physical Removal

If you don’t leave after 14 days, the sheriff or marshal removes you. This must happen during business hours on a weekday.

The total timeline? Anywhere from one month to several months. It depends on court backlogs and whether you contest the case.

Penalties and Consequences: What You Need to Know

Let’s talk about what happens if landlords break the rules.

For Illegal Eviction (Self-Help)

This is when a landlord tries to force you out without a court order. Maybe they change the locks. Perhaps they turn off the water or heat. They remove your belongings.

These are all illegal. They’re crimes. And you can sue.

The penalties are serious. These actions can result in severe legal consequences, including fines, penalties, and potential civil lawsuits filed by the tenant.

You could recover money. You could get treble damages (three times what you lost). You might get your apartment back.

Court Costs

For claims filed in District Court, the average cost of an eviction is $150. For Town Court, Village or Justice Court, it’s about $125.

But eviction costs more than filing fees. The landlord also pays for service of process. Court time. Possible attorney fees. It adds up fast.

Tenant Rights in Court

You have rights in an eviction case. You can request a 14-day adjournment (postponement) if you’re not ready. You can present evidence. You can cross-examine the landlord’s witnesses.

You can also raise defenses. “I already paid.” “The apartment is uninhabitable.” “The landlord is retaliating against me for reporting code violations.”

Right to Counsel: Free Legal Help Coming Soon

Here’s some good news. New York is working on a “right to counsel” law for eviction cases.

This means everyone facing eviction will have the right to free legal representation. The government will pay for it.

This is a game-changer. Most tenants can’t afford lawyers. Having free legal help levels the playing field.

The law is currently being finalized. Check with your local legal aid office for details.

Rent Increases: The New Rules

Not sure what counts as a violation? Let me break it down.

Under Good Cause Eviction, rent increases are limited. A rent increase is presumptively unreasonable if it exceeds a certain threshold.

The threshold is 5% plus the consumer price index for your region, or 10%—whichever is lower. This gets published by the state each year.

So if inflation is 2%, a 7% increase would be presumptively unreasonable. The landlord would have to justify it in court.

This applies when renewing leases. If you’re on a month-to-month tenancy, the same rules apply.

How to Respond to an Eviction Notice

Hold on, this part is important. If you get an eviction notice, don’t panic.

First: Confirm You Actually Received It

Make sure the notice was properly served. Did someone hand it to you? Did they leave it at your apartment? Confirm this.

Second: Understand Your Timeline

Count the days carefully. You have a specific number of days to pay, fix the issue, or move. Don’t miss the deadline.

Third: Document Everything

Keep records. If you’re paying rent, keep proof. Save receipts. Take photos of the apartment condition.

Fourth: Contact a Lawyer

This is honestly the best move. Legal aid is free. Contact your local legal aid society. Tell them you got an eviction notice.

Fifth: Show Up to Court

If it goes to court, show up. Bring your evidence. Bring your lease. Bring proof of payment.

Missing court means you lose automatically. The judge can issue a judgment against you without hearing your side.

Special Protections: Who Gets Extra Help?

New York protects certain groups of people extra carefully.

Senior Citizens (65+)

Seniors have extra protections against eviction for the landlord’s personal use. You cannot be evicted for this reason if you’re 65 or older.

Disabled Persons

Disabled people also cannot be evicted if the landlord wants the apartment for personal use.

Victims of Domestic Violence

If you’re a victim of domestic violence, there are protections. The landlord cannot evict you based on your status as a victim.

Immigrants

Everyone gets eviction protections, regardless of immigration status. You do not have to be a citizen to have rights in housing court.

Illegal Eviction: What NOT to Do

This matters if you’re a landlord. Breaking these rules is a crime.

You cannot change the locks. You cannot remove doors. You cannot shut off utilities.

You cannot remove the tenant’s belongings. You cannot remove the mailbox. You cannot harass the tenant into leaving.

You cannot evict someone for complaining about housing conditions. You cannot evict for reporting illegal activity or code violations.

These are all retaliation. They’re illegal.

Getting caught? You could face criminal charges. You could be sued. You could lose your housing license.

Stay with me here. The consequences are real.

Challenging a Rent Increase or Lease Non-Renewal

If your landlord wants to evict you but you think it’s unfair, you can fight back.

In court, you can challenge whether the rent increase was reasonable. You can argue that the lease violation notice was pretextual (fake). You can claim retaliation.

The burden is on the landlord to prove good cause. They must convince the judge.

You can present your own evidence and testimony. You can bring witnesses. You can submit documents.

This is why having a lawyer matters. They know how to argue your case effectively.

Recent Law Changes (2025-2026)

New York keeps changing housing laws. Here are the most recent updates.

Good Cause Eviction continues to expand. More cities are opting in. The rules are being clarified and refined.

The state is also finalizing the right to counsel law. This will provide free legal representation to low-income tenants.

The FARE Act (Fairness in Apartment Rental Expenses) also started in 2025. In New York City, landlords cannot pass broker fees to tenants anymore.

Stay informed. Laws change. Check official sources regularly.

FAQs: Your Common Questions Answered

Can a landlord evict me without going to court?

No. It’s illegal. A landlord must get a court judgment before any physical removal happens.

How many days do I have to move after the judge says I have to?

You get 14 days from the Warrant of Eviction. Then law enforcement can remove you.

What if I can’t afford a lawyer?

Legal aid is free for low-income people. Contact your local legal aid society immediately.

Does Good Cause Eviction apply to me?

Only if you live in a covered city and your apartment isn’t exempted. Ask your landlord. They must tell you.

Can I be evicted for calling 311 to report repairs?

No. That’s retaliation. It’s illegal. You can sue your landlord.

What should I do if my landlord tries to lock me out?

Call the police immediately. File a complaint. Contact a lawyer. This is illegal.

Final Thoughts

New York eviction laws are complicated. But here’s the bottom line: both landlords and tenants have rights, and the courts take these seriously.

If you’re facing eviction, get legal help now. If you’re a landlord, follow every rule precisely. One mistake can cost you thousands.

Most importantly, understand your rights. Know what your landlord can and cannot do. Know how to respond if something illegal happens.

Now you know the basics. Stay informed, stay safe, and when in doubt, ask a lawyer.

New York Eviction Laws in 2026: The Renter’s and Landlord’s Complete Handbook