Eviction Laws in New York

Q: How many days notice does a landlord have to give for non-payment of rent in New York?

In New York, a landlord must give at least 14 days' notice to pay or quit before filing for eviction for non-payment of rent, per RPAPL § 711; § 735; RPL § 232-a.

Q: How many days does a tenant have to fix a lease violation in New York?

In New York, the landlord must give 30 days' notice for a lease violation. The tenant typically has 10 days to correct (cure) the violation before the landlord can proceed with eviction.

Q: How much notice is required to terminate a month-to-month tenancy in New York?

In New York, a landlord must give 30 days' notice to terminate a month-to-month tenancy. The tenant may be required to give a different amount of notice — check your lease.

Q: Can a landlord evict a tenant without going to court in New York?

No. New York requires a court order to evict. Self-help evictions — changing locks, removing the tenant's belongings, or shutting off utilities — are illegal. The landlord must serve the required notice, wait the notice period, and then file an eviction lawsuit if the tenant does not comply.

Q: Does New York require just cause to evict a tenant?

Yes. New York requires just cause (a valid legal reason) to evict a tenant. Landlords cannot evict without a recognized reason such as non-payment, lease violation, or a specific statutory no-fault ground.

By Tenant Know-How Editorial TeamLast updated April 21, 20264 min read

New York Eviction Law at a Glance

Non-Payment Notice

14 days

pay or quit

Lease Violation Notice

30 days

10 days to cure

Month-to-Month Termination

30 days

check lease for tenant notice

Court Order Required

Yes — always

Just Cause Required

Yes

Rent Control

Yes (check locality)

Statute: RPAPL § 711; § 735; RPL § 232-a

Non-payment of rent eviction in New York

When a tenant falls behind on rent in New York, the landlord must first serve a 14-day pay-or-quit notice. This gives the tenant 14 days to either pay the full amount owed or vacate. If the tenant does neither, the landlord can file an eviction lawsuit — called an unlawful detainer or summary possession action — in New York court.

A court order is required before any lockout. The landlord cannot change the locks, shut off utilities, or remove the tenant's belongings before winning a judgment.

Lease violation eviction in New York

For non-payment lease violations — unauthorized pets, excess occupants, noise complaints, property damage — the landlord must give 30 days notice. The tenant has 10 days to cure (fix) the violation. If corrected within that window, the tenancy continues. If not cured, the landlord may proceed with filing.

Terminating month-to-month tenancy in New York

To end a month-to-month rental agreement without cause, the landlord must give 30 days written notice. The tenant's notice requirement may differ — check your lease agreement.

Note: New York requires just cause to terminate any tenancy. A no-fault month-to-month termination must still qualify under one of the state's recognized grounds. See RPAPL § 711; § 735; RPL § 232-a for the full list.

Important New York eviction details

New York: 14-day rent demand required before filing for non-payment (HSTPA 2019). Month-to-month termination notice: 30 days (< 1yr tenancy), 60 days (1–2yr), 90 days (2+ yr) — landlord and tenant notice periods differ. Good Cause Eviction Law (2024) requires just cause to evict most NYC tenants (units not already under rent stabilization). NYC rent stabilization applies to pre-1974 buildings with 6+ units. Court process is lengthy, often 3–6 months in NYC.

What counts as an illegal eviction in New York?

In New York, a landlord who attempts to evict a tenant without following the legal process commits an illegal (self-help) eviction. This includes:

Changing the locks without a court order
Removing doors, windows, or the tenant's belongings
Shutting off utilities (electricity, water, heat)
Harassment designed to pressure the tenant to leave

Self-help evictions are prohibited in all 50 states and DC. Tenants who experience an illegal lockout can typically seek emergency relief from a court and may be entitled to damages.

New York Eviction FAQ

How many days notice does a landlord have to give for non-payment of rent in New York?

In New York, a landlord must give at least 14 days' notice to pay or quit before filing for eviction for non-payment of rent, per RPAPL § 711; § 735; RPL § 232-a.

How many days does a tenant have to fix a lease violation in New York?

In New York, the landlord must give 30 days' notice for a lease violation. The tenant typically has 10 days to correct (cure) the violation before the landlord can proceed with eviction.

How much notice is required to terminate a month-to-month tenancy in New York?

In New York, a landlord must give 30 days' notice to terminate a month-to-month tenancy. The tenant may be required to give a different amount of notice — check your lease.

Can a landlord evict a tenant without going to court in New York?

No. New York requires a court order to evict. Self-help evictions — changing locks, removing the tenant's belongings, or shutting off utilities — are illegal. The landlord must serve the required notice, wait the notice period, and then file an eviction lawsuit if the tenant does not comply.

Does New York require just cause to evict a tenant?