1. The Eviction Ground Determines Which Notice Comes First
New York's Real Property Actions and Proceedings Law (RPAPL) distinguishes cases based on unpaid rent from cases involving termination or continued occupancy. The claimed ground determines the notices required before filing.
Nonpayment Requires Two Separate Rent Notices
Under Real Property Law (RPL) § 235-e(d), landlords generally must send a certified-mail reminder when rent remains unpaid five days after its due date. Failure may support an affirmative defense. It does not replace the 14-day demand under RPAPL § 711(2).
The demand must offer at least 14 days to pay the rent or surrender possession before a case is filed. It must follow RPAPL § 735 service methods and include the required Good Cause notice. Compare the claimed rent with receipts and ledgers. Details appear in the nonpayment proceedings resource.
Holdover Notices Depend on the Reason for Ending Occupancy
A holdover may involve lease termination, a substantial violation, or another recognized ground. Certain curable violations require a notice to cure followed, if necessary, by a termination notice. Lease expiration does not override statutory protections.
RPL § 226-c generally requires advance written notice of residential nonrenewal or a proposed renewal rent increase of at least 5%. The required period depends on occupancy duration or lease length:
| Notice Period | Relevant Occupancy or Lease Duration |
|---|---|
| 30 days | Less than one year |
| 60 days | At least one year but less than two years |
| 90 days | Two years or longer |
30 days
- Relevant Occupancy or Lease DurationLess than one year
60 days
- Relevant Occupancy or Lease DurationAt least one year but less than two years
90 days
- Relevant Occupancy or Lease DurationTwo years or longer
The longer relevant duration controls, subject to statutory exceptions. A residential lease and renewal correspondence help establish the timeline.
2. Notice Validity Depends on Delivery and Housing Protections
Service defects can undermine an otherwise proper notice. Rent regulation and Good Cause coverage may also restrict termination.
The Method of Service Must Match the Document
RPAPL § 735 governs service of the petition and notice of petition, as well as the statutory 14-day rent demand. Personal delivery is permitted. When statutory conditions allow alternative service, delivery to a suitable person or conspicuous placement must be accompanied by prescribed mailings.
Service affidavits and mailing records help establish compliance; filing proof of service also has deadlines. A tenant disputing delivery should identify the specific problem rather than assume an uncollected mailing automatically defeats the case.
Good Cause Coverage May Restrict Nonrenewal
Good Cause Eviction restricts termination of covered tenancies. Exemptions include certain small-landlord properties, newer buildings, and rent-regulated units. Coverage depends on ownership and housing status.
RPL § 231-c requires an applicability notice in specified leases, nonrenewal notices, rent demands, and petitions. It must identify whether the unit is covered or state the claimed exemption. The Good Cause Eviction Law page addresses substantive grounds and exemptions.
Federal Housing Protections Address Different Legal Issues
The federal Fair Housing Act, 42 U.S.C. §§ 3604 and 3617, prohibits housing discrimination and interference with protected rights. State and city laws may extend further. Federally assisted housing can have separate program rules. These protections may affect the asserted eviction ground but do not replace state notice and service procedures.
3. Housing Court Papers Trigger Separate Response Rules
After preliminary notices, the landlord files a notice of petition and petition. Unlike a rent demand, these papers establish court response deadlines.
Queens County Housing Court Is the Local Filing Location
Housing proceedings for property in Queens generally go to Queens County Housing Court, 89-17 Sutphin Boulevard, Jamaica, NY 11435. The Landlord-Tenant Clerk's Office is in Room 209, telephone 718-262-7145. The petition must identify the parties, premises, grounds, and requested relief.
Under RPAPL § 733, holdover court papers ordinarily must be served 10 to 17 days before the hearing, subject to exceptions. Nonpayment cases use the procedure under RPAPL § 732 and applicable court rules. Read the notice for the court date and answer instructions.
Answer Timing and Documents Can Affect the Result
In nonpayment proceedings, an individual tenant generally answers within 10 days after service of the notice of petition. The tenant may answer orally or in writing. Holdover respondents generally answer at the hearing unless the petition papers direct an earlier response. Failure to respond or appear can result in a default judgment.
Evidence should address the actual dispute: payment records for alleged arrears, lease and notices for termination, service records for delivery, and repair requests or photographs for a possible warranty-of-habitability defense under RPL § 235-b. Bring notices, court papers, and supporting documents to the hearing.
4. Physical Removal Requires a Warrant and Further Notice
A judgment of possession is not permission for a landlord to change the locks. RPAPL § 749 requires a court-issued warrant executed by an authorized officer, subject to the applicable notice and court orders.
Enforcement Requires a Separate Fourteen-Day Notice
A marshal or sheriff generally must give at least 14 days' written notice before executing the warrant. Execution normally occurs on a business day between sunrise and sunset. An earlier rent demand, termination letter, or court petition does not replace this final notice.
Courts may stay or vacate warrants for good cause. For a nonpayment judgment, tender or deposit of the full rent due before execution generally requires vacatur unless the landlord establishes bad-faith withholding. A tenant may seek an order to show cause, but making that request does not automatically stay removal.
Illegal Lockouts Remain Prohibited
RPAPL § 768 prohibits specified unlawful removals, including changing locks without providing a key, removing belongings, and interrupting essential services to force protected occupants out. Some protections apply after 30 days of lawful occupancy even without a written lease.
A locked-out occupant should preserve records and contact the court or police. For further detail, see unlawful eviction claims. The Queens Housing Court Help Center is available at 718-262-7185 or 718-262-7186; tenants can also call 311 and ask for the Tenant Helpline.
23 Oct, 2026
