New York City’s 2024 Good Cause Eviction law requires landlords to provide legally valid reasons before evicting tenants, with exceptions for small landlords owning 10 or fewer units and specific property types.
The NYC eviction process typically takes 3-6 months for non-payment cases and up to 9 months or longer for contested cases, requiring court orders and marshal execution rather than self-help evictions.
Cash-for-keys agreements offer landlords a faster alternative to formal eviction, often costing less than lengthy court battles when factoring in lost rent, legal fees, and time delays.
Self-help evictions like changing locks or shutting off utilities constitute Class A misdemeanors with civil penalties of $1,000-$10,000 per violation, making proper legal procedures mandatory for tenant removal.
New York City has some of the strongest tenant protection laws in the United States. And due to legislation passed in 2024, that process has gotten even more complex. Cases that once took weeks to resolve can now take months, sometimes even years. Housing courts are facing significant backlogs and stricter procedural requirements.
Despite all of these challenges, there is still a legal path for landlords to regain possession of their properties from their tenants.
In this article, we will outline how to get tenants to leave NYC. We’ll review the eviction process, expected timeframes, filing costs, and some alternate strategies that may lead to a faster resolution.
Understanding NYC Tenant Protection Laws
So, why is it so hard to get tenants to leave in NYC? The answer is simple: the laws are designed to keep people housed. In 2024, New York enacted the Good Cause Eviction law, which gives New Yorkers the right to continue living in their homes without fear of unreasonable eviction or extreme rent increases. Simply put, the law requires landlords to give “good cause” before they can legally evict their tenants.
The Good Cause Eviction Law currently covers housing accommodations in NYC, Albany, Ithaca, Kingston, Poughkeepsie, Rochester, Beacon, Newburgh, Nyack, Hudson, New Paltz, Rochester, Fishkill, Catskill, Croton-on-Hudson, and Binghamton.
If you have tenants in one of these districts, your tenants are protected by the Good Cause Eviction Law UNLESS:
You are a small landlord, meaning that you own a total of 10 or fewer housing units in the state of New York.
You occupy the building you rent out, and it has 10 or fewer residential units
You are subletting your property
Your apartment:
is considered to have a high rent
is rent regulated
is an income-restricted housing unit
is owned as a condominium or cooperative
is in a building that was issued a certificate of occupancy on or after January 1, 2009
was provided as employee housing, but you no longer have that job
is in a hospital, continuing-care retirement community, assisted living residence, adult care facility, senior residential community, or not-for-profit independent retirement community
is a manufactured home, school dormitory, or seasonal-use dwelling
is used by a religious institution
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Legal Grounds for Removing a Tenant in NYC
To remove a tenant in New York City, landlords must have specific and legally valid grounds. State and city laws have set strict standards for when and how you can legally evict your tenant. Below are the most common and legally recognized reasons for evicting a tenant.
1. Non-Payment of Rent
This is the most obvious and most common reason for eviction. Always make sure to keep detailed documentation of rent due dates, payment reminders, and all related communication. Under the Good Cause Law, tenants have the ability to challenge rent hikes that are more than 10% or the Consumer Price Index (CPI) + 5%, whichever is lower. So, it is important to make sure that your rent rates align with the CPI.
2. Lease Violations
Another reason you can legally evict a tenant is for substantial lease violations. For example, if your property is occupied by unauthorized tenants, is facing illegal subletting, property damage, or nuisances, you are within your legal rights to evict. In these situations, it is recommended to give your tenants a 10-day notice to cure the violations before proceeding with eviction. If they amend the issues, you are no longer within your legal rights to evict.
3. Holdover Tenants After Lease Expiration
N.Y. CLS Real P § 232-c directly addresses what happens when a tenant remains in your property after the lease has expired. If you accept any rent payments after the lease has expired, the tenancy typically converts to a month-to-month arrangement with the same terms as the expired lease. To start the eviction process, you must not accept any payments after the lease has expired and serve the tenant with a “Notice to Quit” before filing a case with the housing court.
It is important to remember that you can only refuse renewal for specific reasons. Lease violations, illegal use, owner occupancy, or substantial renovations are all legal reasons you can refuse renewal. In these cases, make sure to give your tenants the proper notice. For tenancies under one year, you are required to give 30 days’ notice. That increases to 60 days for one or two-year tenancies, and 90 days for over two-year tenancies.
The Legal Eviction Process in New York City
New York City’s eviction process is known for being slow and heavily regulated. It requires every case to go through the housing court. Even the most straightforward nonpayment cases can stretch over months, while more complex and contested eviction cases can take years.
Step 1:Serve a written notice
First, you must formally inform the tenant of your intent to evict and provide reasoning. The most common types of notices are “Rent Demand” for late rent or a “Notice to Vacate” for ending a tenancy. Depending on the reason for eviction, your tenant will have from 14 to 90 days to respond. For special cases like demolishing a rent-controlled building, landlords must first get approval from the NYS Division of Housing and Community Renewal.
Step 2: File in Housing Court
If your tenant does not comply with the notice, the next step is to file a petition and a notice of petition with the local Housing Court. You must include copies of the lease, the initial notice, court fees, and any other supporting documents. You must then have the tenant property served with the court documents by a process server or someone over 18. Typically, your tenant will have 10 business days to respond.
Step 3: Court Proceedings and Warrant
The next step is the court hearing. Both you and your tenant will present your cases to a judge. If the court rules in your favor, an eviction warrant will be issued. But if at any time before the actual eviction the tenant pays the total amount of rent due, they can still avoid eviction.
Step 4: Marshal’s Notice and Physical Eviction
The last stage is for a NYC Marshal or Sheriff to serve the tenant with a 14-day notice that the eviction will proceed after the 14-day notice expires.
In no circumstances can a landlord legally evict a tenant without a court order. Any unlawful eviction is a crime and can result in a Class A misdemeanor.
Alternatives to Formal Eviction
It’s always a good idea to avoid an eviction when you can. Cash-for-keys agreements, also known as tenant buyouts, have become more common in New York City. In a buyout, you offer your tenant a lump sum of money to vacate the property by an agreed-upon date. When compared to a year-long legal battle, lost rent, and legal and court fees, a buyout can often be a much less expensive and faster option.
Always get the buyout agreement in writing. Make sure to include the move-out date, payment amount, when the payment will be made, and a clause stating the tenants release claims. It’s often worth having an attorney draft and review the document before presenting it to your tenant.
If you would rather keep things official, the housing court offers free mediation services. The mediator can help you and your tenant reach practical solutions, such as payment plans, move-out timelines, or even help negotiate a buyout. For market-rate properties not covered by the Good Cause law, landlords can also end tenancies with proper non-renewal notice once the lease expires.
Common Mistakes Landlords Make
Self-help evictions are the biggest error. You cannot change locks, remove belongings, or shut off utilities. These actions are illegal and expose you to criminal and civil penalties, resulting in a class A misdemeanor and a civil penalty of $1,000-$10,000 for each violation. Not to mention, the tenant can also sue for damages, and any pending eviction case will be dismissed immediately.
Another common error is improper notice. Using the wrong type of notice, miscalculating time periods, or failing to serve paperwork correctly can all void your eviction case. Even accepting a partial rent payment after filing can waive your right to continue.
Make sure to keep thorough records of leases, notices with proof of service, payment history, photos of any damage, and all tenant communication. This will not only help strengthen your case but will protect you against false claims.
What to Do If a Tenant Doesn’t Move Out
Winning in housing court doesn’t always mean you get your property back immediately. Once you receive the Warrant of Eviction, you must contact the city marshal to schedule the eviction. The marshal will then serve your tenant with a 14-day Notice of Eviction, giving them a final chance to move out. If your tenant doesn’t leave by the deadline, the marshal will return on the scheduled eviction day to carry it out.
During the eviction, the marshal will physically remove the tenant and all of their belongings. You must be present to take possession of the unit and change the locks immediately. You will be responsible for paying the costs associated with movers and storage, and give your tenant a reasonable amount of time to collect their possessions, typically 30 days. In addition, you will be charged a $140 fee by the Sheriff’s office for executing the warrant.
When to Hire an Attorney
Most NYC eviction cases benefit from having an attorney. Housing laws are extremely complex, and even a small error can cause significant delays and lead to costly penalties. Legal representation is especially important for rent-regulated apartments due to the intricate and heavily enforced regulations. If your tenant has an attorney, you should too. In New York City, 84% of tenants with an attorney remain in their homes. If there is a potential discrimination claim or your case involves regulatory violations, enlist legal help immediately.
The hourly rate for a New York eviction lawyer may range from $150 to $400 or more. If the lawyer charges a flat fee, it may cost between $750 and $2,000 or more. An eviction attorney can help you throughout the eviction process and ensure your rights are protected.
Conclusion
Evicting tenants in NYC requires patience, money, and adherence to strict legal procedures. Oftentimes, this process can take anywhere from several months to a year or more if contested.
Landlords who follow proper procedures and have legitimate grounds for eviction will eventually succeed in removing problematic tenants. And remember, considering alternative options like buyout negotiations can save you a lot of time and money.
If you have a property that is tenant occupied in New York struggling to evict a tenant, we can help. Leave the Key helps New Yorkers and Long Islanders sell their properties fast – especially with problem tenants. To get expert guidance, fast solutions, and even options to sell your property directly to us – fill out the form or give us a call.
Frequently Asked Questions
How long does it take to evict a tenant in NYC?
The eviction process in New York City typically takes three to six months for non-payment cases, but can extend to nine months or longer for contested cases. Rent-regulated apartments and cases where tenants raise legal defenses generally take longer. The timeline includes notice periods, court scheduling, hearings, and marshal availability for executing the eviction.
Can I evict a tenant without going to court in NYC?
No, you cannot legally evict a tenant in New York City without going through housing court and obtaining a court order. Self-help evictions, such as changing locks or removing tenant belongings, are illegal and can result in the tenant suing you for substantial damages. Only a city marshal with a court-issued warrant can physically remove a tenant.
What happens if a tenant doesn’t move out after eviction notice?
If a tenant doesn’t move out after receiving proper eviction notice, the landlord must file a petition with housing court and obtain a Warrant of Eviction. Even with a warrant, only a city marshal can physically remove the tenant. The landlord cannot take matters into their own hands, and attempting to do so is illegal.
How much does it cost to evict a tenant in NYC?
Eviction costs in New York City vary but typically include court filing fees around three hundred to four hundred dollars, marshal fees of seventy to eighty dollars plus additional execution costs, and potential attorney fees ranging from fifteen hundred to five thousand dollars or more for contested cases. Additional costs may include lost rent during the process and property repairs.
Can I offer money to get a tenant to leave NYC?
Yes, offering a buyout or cash-for-keys agreement is legal and often faster than formal eviction. The amount varies based on circumstances but typically ranges from a few thousand to tens of thousands of dollars for rent-regulated apartments. Any agreement should be in writing and specify the move-out date and conditions for payment.
What are valid reasons to evict a tenant in NYC?
Valid grounds for eviction in New York City include non-payment of rent, substantial lease violations, illegal subletting, creating nuisances, property damage, illegal activity, and owner occupancy needs for certain apartments. For rent-regulated apartments, the grounds are more limited and strictly defined by law. The landlord must prove the grounds in housing court.
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