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Commonly Asked Questions about Eviction Notice for Nonpayment of Rent

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 5 Page 9 City, 30 days notice is required, rather than one month. Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings.
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.
For non-payment of rent, the landlord must provide a 14-day notice to pay or vacate. For lease violations, a 10-day notice to cure the violation is required, followed by a 30-day notice to terminate the tenancy if the violation is not corrected.
Non-payment Building owners must notify the tenant that rent is late, what the balance is, and that, if not paid, the tenant will be evicted. Three days after notice is given or oral demand for the rent is made, the owner may file a nonpayment proceeding in Housing Court and serve papers on the tenant.
Landlords in NYC cannot evict tenants without going to court. Eviction proceedings must go through the court system to be valid. These procedures are in place to protect the rights of tenants and ensure a fair eviction process.
In New York, eviction processes incur a variety of charges such as court filing fees and service fees. For District Courts, a landlord can expect to spend on average $150 for the court filing fee. If the filing is in a Town, Village, or Justice Court, the fee is slightly lower, averaging about $125.
New York Eviction Time Estimates ActionDuration Maximum continuance 14 days Issuance of warrant of possession Unspecified Time to quit after writ is posted 14 days Total 1-5 months4 more rows Nov 3, 2023