New York Tenant Eviction Rights: Know Your Protections
Facing eviction in New York? This guide explains your legal rights, the eviction process, how to respond to notices, and resources available to help you.
In New York, only a court can legally evict you. Your landlord cannot change your locks, shut off utilities, or remove your belongings without a court order. If they do, they're breaking the law.
Non-Payment Notice
14 days
to pay or respondViolation Notice
10 days
to cure or respondMonth-to-Month
30-90 days
advance notice requiredCourt Process
30-90 days
typical timelineIllegal Eviction Tactics in New York
Your landlord CANNOT do any of these without a court order:
- Change your locks
- Shut off water, electricity, or gas
- Remove your belongings
- Remove doors or windows
- Physically force you out
- Threaten or harass you
What to Do When You Receive an Eviction Notice
Immediate Steps:
- Don't panic. You have rights and options. The notice is not an eviction - only a court can evict you.
- Read it carefully. Note the reason, the deadline, and what action is required.
- Check if it's valid. Does it have all required information? Was it served properly under NY law?
- Calculate your deadline. In New York, you typically have 14 days for non-payment or 10 days for violations.
Your Options:
Option 1: Cure the Issue
If you can pay the rent or fix the violation within the notice period, the eviction stops. Get written confirmation from your landlord.
Option 2: Negotiate
Talk to your landlord about a payment plan, more time, or a mutual move-out agreement. Get everything in writing.
Option 3: Fight in Court
If you have defenses (improper notice, retaliation, discrimination, habitability issues), you can contest the eviction in court.
Your Legal Defenses in New York
Procedural Defenses:
- Improper notice: Notice didn't meet NY requirements
- Wrong notice type: Landlord used wrong notice for the situation
- Improper service: Notice wasn't delivered correctly
- Math errors: Rent amount or dates are incorrect
Substantive Defenses:
- Retaliation: Eviction is payback for complaints or exercising rights
- Discrimination: Based on race, religion, family status, disability, etc.
- Habitability: Landlord failed to maintain safe/livable conditions
- Payment made: You paid rent before deadline
Get Help in New York
- Legal Aid: Search "legal aid New York" for free legal help
- Tenant Rights Organizations: Local groups can advise you on NY laws
- 211 Hotline: Call 211 for emergency housing resources
- New York Bar Association: Lawyer referral services
Rental Assistance
If you're behind on rent, financial help may be available:
- New York Emergency Rental Assistance
- Section 8 Housing Vouchers
- Local nonprofit programs
- Faith-based assistance
- Utility assistance programs
Know Your Rights
Download our free New York Tenant Rights checklist and eviction response guide.