1. Filing the Case: New York'S Version of an Unlawful Detainer
A case reaches court only after the landlord's predicate notice, a rent demand, a notice to cure, or a termination notice (often called a notice to vacate), has expired without a cure or a move-out. What many states then call an unlawful detainer action, New York files as a summary proceeding, so the table below lines up the common terms with their New York equivalents.
| Term used in other states | New York equivalent |
|---|---|
| Unlawful detainer / eviction complaint | Summary proceeding (notice of petition and petition) |
| Writ of possession | Warrant of eviction |
| Sheriff enforces statewide | City marshal in New York City; sheriff elsewhere |
| Plaintiff and defendant | Petitioner and respondent |
Unlawful detainer / eviction complaint
- New York equivalentSummary proceeding (notice of petition and petition)
Writ of possession
- New York equivalentWarrant of eviction
Sheriff enforces statewide
- New York equivalentCity marshal in New York City; sheriff elsewhere
Plaintiff and defendant
- New York equivalentPetitioner and respondent
Which Court Hears the Case
Residential eviction cases in New York City go to Housing Court, a part of the Civil Court, while cases outside the city go to the local district, city, town, or village court. Venue follows the property, so the landlord files where the apartment sits, not where the landlord lives.
The Petition and Filing
The landlord pays a fee to open an index number and files a petition that names the parties, describes the premises, states the ground, and attaches the predicate notice with proof of service. A petition that leaves out a required element, or that contradicts the notice, gives the tenant an early basis to challenge the filing.
2. The Hearing and Judgment
Once the case is filed and served, the court schedules an appearance where the tenant can answer and contest it. What the judge decides here controls whether enforcement can begin, so this eviction proceeding stage carries real weight.
What Happens at the Hearing
Both sides present documents and testimony, and the judge rules on possession based on the pleaded ground and any defenses raised. A judgment of possession is what unlocks enforcement, and the court may also enter a money judgment for unpaid rent and costs.
3. When a Default Judgment Enters
If the tenant does not answer or appear, the court can enter a default judgment that skips the contest and moves the case toward removal. Vacating a default is possible but requires a reasonable excuse and a real defense, so it is far harder than showing up on time.
4. Post-Judgment Enforcement: the Warrant and the Lockout
A judgment for possession does not put anyone out by itself, because New York adds a separate enforcement step with its own officer and its own notice. This is the stage tenants most often misunderstand.
5. The Warrant of Eviction
New York's version of a writ of possession is the warrant of eviction, which the court issues after judgment. Before the officer can carry it out, they must give at least 14 days' written notice under RPAPL 749.
Who Performs the Lockout
Only a public officer may remove a tenant, a city marshal in New York City or the county sheriff elsewhere. A landlord who tries to force a tenant out alone is breaking the law, and New York treats these self-help acts as unlawful:
- Changing the locks
- Removing the tenant's belongings
- Shutting off heat, water, or electricity
- Threatening or intimidating the tenant to leave
What Happens to Your Belongings
When the officer executes the warrant, the landlord retakes possession, and any property left inside can be difficult to recover. Moving your belongings out before the scheduled execution protects them far better than trying to retrieve them afterward.
6. The Right to Appeal
A judgment is not always the final word, because a tenant may appeal, though the path has strict limits. Knowing what an appeal does and does not do prevents false hope.
Appeal and Stay Basics
In New York City, an appeal from a Housing Court judgment goes to the Appellate Term, generally within 30 days of service of the judgment with notice of entry. An appeal does not automatically stop the eviction, so the tenant usually must also request a stay and may have to deposit ongoing rent to keep possession.
7. Frequently Asked Questions
Can my landlord evict me without a court order or a marshal in New York?
No. Only a court judgment followed by a warrant executed by a city marshal or county sheriff can remove you, and any lockout a landlord does alone is illegal. If it happens, you can ask a court to restore your possession and may recover damages, which is why documenting the date and what occurred matters.
Is appealing an eviction worth it in New York?
An appeal makes sense when a clear legal or procedural error affected the outcome, not simply because you disagree with the result. It rarely stops the eviction on its own and often requires depositing rent to obtain a stay, so weigh the cost and the odds before treating it as a way to buy time.
What is the difference between a warrant of eviction and a writ of possession?
They describe the same thing in different states: the court order that authorizes removal. New York calls it a warrant of eviction, while many other states call it a writ of possession, and in New York a marshal or sheriff, not the landlord, carries it out.
8. Where the Process Actually Ends
The eviction court process does not end at the judgment; it ends when an authorized officer executes the warrant, and every step before that leaves room to respond. Knowing the role each player holds, the court, the enforcing officer, and you, turns a rushed exit into an informed one.
04 Feb, 2026
