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Commonly Asked Questions about Eviction Notice for Nonpayment

A Notice of Eviction is a paper given to you by a Marshal, Sheriff or Constable after the landlord/owner wins the court case. This can happen even if you missed your court date. The 14-day Notice of Eviction tells you that you will be evicted from your home.
New York Eviction Process Timeline Notice Received by TenantsAverage Timeline Initial Notice Period 14-90 days Issuance and Posting of Summons and Complaint AND Court Hearing and Ruling on the Eviction 10-17 days Posting of Writ of Execution A few hours to a few days Return of Possession 10 days to 1 year1 more row Aug 8, 2024
Under the new Good Cause Eviction law, New Yorkers have the right to continue living in their homes without fear of unreasonable eviction or extreme rent increases. In many situations, tenants of market rate housing will now be covered by more expansive protections. Read below for details.
In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.
The only legal way to evict a nonpaying tenant is through a nonpayment eviction proceeding in Housing Court. Building owners must notify the tenant that rent is late, what the balance is, and that, if not paid, the tenant will be evicted.
evict an occupant from their home without a court order, or to fail to restore an occupant who. was evicted without court order. ( RPAPL 768) Unlawful evictions are now criminal matters and law enforcement should play an active role in enforcing the law.