How long does an eviction take in New York City?
For unpaid rent, expect about 11.5 weeks from notice to lockout under New York's deadlines, or 6.5 to 26.5 weeks if it's contested. Cases go to NYC Civil Court, Housing Part (Housing Court).
Not legal advice. Estimates from public sources, checked Oct 17, 2026. Laws vary by county and city; talk to a local attorney before you act.
What would a rental in New York City actually earn?
We'll prefill New York City's numbers and include the eviction cost from this page.
- Median rent $1,811/mo
- Property tax 0.85%–0.86%
- Insurance $649–$1,641/yr (unverified)
- Vacancy 2.9%–3.7%
The New York City eviction timeline
These deadlines come from New York law, as on the New York page; we found no separate city notice period for nonpayment. City rules and court backlogs are below.
- 1
Notice to pay or leave
14 days14-day rent demand (N.Y. Real Prop. Acts. Law § 711(2))
- 2
File and get a judgment
17–120 days · typical 45Petition served 10-17 days before the court date; answer about 10 days after service
- 3
Judgment to lockout
15–30 daysMarshal or sheriff must give at least 14 days' written notice before executing the warrant
- 4
If the tenant appeals
30-day windowNYC Housing Court: 30 days after service of the judgment with notice of entry; the eviction is not stayed without an undertaking or court order
Real-world court wait: NYC Independent Budget Office (Sept 2025): in 2023-24 only 54% of Housing Court cases reached a first major decision within 6 months and 87% within a year, versus 93% and 97% in 2017-19. Expect contested NYC cases to run well past our rule-based high estimate. official source Source ↗
Can the tenant pay and stay? Tenant can stop the eviction by paying the full rent owed before the warrant is executed. official source Source ↗
What an eviction costs in New York City
Local court and marshal fees, plus national lawyer estimates. The calculator above adds them to your lost rent.
Court filing fee
NYC Housing Court$45Housing Court index number fee $45 (plus small motion and jury fees if used)
Serving the tenant
NYC city marshal (CPLR 8011)$60–$80If a city marshal serves the petition, the fees are set by state law: $20 to receive it, $20 to serve the first tenant, $20 per extra tenant, and $20 for the military affidavit, plus mileage (CPLR 8011(f)(1)). Most landlords hire licensed private process servers, whose prices aren't regulated
Sheriff or marshal lockout
NYC city marshal (CPLR 8011)$105–$120City marshal statutory fees: $15 to requisition the warrant, $15 per person served with the 14-day notice of eviction, and $75 to execute it, plus mileage and the actual moving/storage costs (CPLR 8011(f)(2), 8013). NYC DOI confirms these sheriff fees apply to marshals
Lawyer, uncontested case
National estimate$500–$1,500Flat fees commonly charged when the tenant doesn't fight it. Not specific to this city; big-city rates run higher.
Lawyer, contested case
National estimate$2,000–$5,000+When the tenant contests the case. Not specific to this city.
Median gross rent
Census ACS 2024, 1-year$1,811/moNew York City median gross rent, ±$12; New York-Newark-Jersey City metro: $1,851 (±$10). The calculator starts here; change it to your rent.
City and state rules that change the answer
Each rule is tagged with whether it comes from city or state law.
Just-cause eviction rules: Yes city law
Good Cause Eviction law (2024) covers most NYC market-rate homes. Nonpayment is still a good cause unless it stems from a rent increase above the local rent standard (inflation + 5%, max 10%). Small landlords (10 or fewer units statewide) and already-regulated units are exempt
Rent control or stabilization: Yes city law
Rent stabilization: the Rent Guidelines Board set a 0% increase for 1- and 2-year leases starting Oct 1, 2026 - Sep 30, 2027 (Order #58)
Right to counsel for tenants: Yes city law
Right to Counsel law (Local Law 136 of 2017): free lawyers for Housing Court tenants in every ZIP code. Full representation is for households at or below 200% of the federal poverty level or with a member 60 or older
Seasonal or weather limits: No state law
None statewide found in the sources we checked
Required mediation or pre-filing program: No state law
None statewide found in the sources we checked
Relocation payments (no-fault evictions): No city law
None found in the city and state sources we checked
Local rules landlords often miss
The marshal must serve a notice of eviction and wait at least 14 days before evicting
The marshal must serve a notice of eviction and wait at least 14 days before evicting; evictions happen only 8 a.m.-5 p.m. on weekdays.
New York City scores 20 out of 100
Same formula as the state score, with city and state protections counted together. The statewide New York score is 43.
New York City eviction FAQ
How long does an eviction take in New York City?
For unpaid rent, about 11.5 weeks from notice to lockout, with a range of roughly 6.5 to 26.5 weeks, based on New York's notice and court deadlines. Real-world data: NYC Independent Budget Office (Sept 2025): in 2023-24 only 54% of Housing Court cases reached a first major decision within 6 months and 87% within a year, versus 93% and 97% in 2017-19. Expect contested NYC cases to run well past our rule-based high estimate.
How much does it cost to file an eviction in New York City?
The court filing fee is $45 (NYC Housing Court). The sheriff or marshal lockout fee is $105-$120 (NYC city marshal (CPLR 8011)). Serving the tenant costs $60-$80. Lawyer fees are extra (national rough estimate $500-$1,500 uncontested).
How much does it cost to evict a tenant in New York City?
A typical uncontested nonpayment eviction in New York City costs a landlord roughly $5,500 to $6,600: about 11.5 weeks of lost rent at the median rent of $1,811/month (about $4,800), court and service fees of about $210-$245, and lawyer fees of about $500-$1,500 (a national estimate). A contested case running about 26.5 weeks can pass $13,300. These are LandlordCost estimates (Census ACS 2024 rent); they leave out rent owed before the notice, turnover and re-rent time.
What tenant protections apply in New York City?
City and state rules include just-cause eviction rules; rent control / stabilization; right to counsel for tenants.
Can a tenant in New York City stop the eviction by paying?
Tenant can stop the eviction by paying the full rent owed before the warrant is executed.
What local rule do landlords in New York City often miss?
The marshal must serve a notice of eviction and wait at least 14 days before evicting; evictions happen only 8 a.m.-5 p.m. on weekdays.
Sources and last-checked dates
Every field on this page has a source. Download the data: cities.json · cities.csv.
- Notice periodofficial sourcenysenate.gov ↗
- Notice period (backup)secondary sourcenolo.com ↗
- Court deadlinesofficial sourcenycourts.gov ↗
- Judgment to lockoutofficial sourcenysenate.gov ↗
- Appealofficial sourcenycourts.gov ↗
- Filing feeofficial sourcenycourts.gov ↗
- Service feeofficial sourcelaw.justia.com ↗
- Service fee (backup)secondary sourcenyc.gov ↗
- Lockout feeofficial sourcelaw.justia.com ↗
- Lockout fee (backup)secondary sourcenyc.gov ↗
- Right to cureofficial sourcenysenate.gov ↗
- Just causeofficial sourcenyc.gov ↗
- Rent controlofficial sourcerentguidelinesboard.cityofnewyork.us ↗
- Right to counselofficial sourcenyc.gov ↗
- Median rentofficial sourcewww2.census.gov ↗
- Court wait statisticofficial sourceibo.nyc.gov ↗
- Local ruleofficial sourcenycourts.gov ↗
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