Eviction Laws and Procedures: What NYC Property Lawyers Must Know

A nonpayment proceeding applies when a tenant fails to pay rent due under a valid lease agreement. Landlords must deliver a written 14-day demand for rent before initiating court action under RPAPL § 711(2). Payment of the full outstanding rent balance at any point before the execution of the warrant of eviction stops the proceeding.

Holdover proceedings address lease breaches other than nonpayment, including unauthorized subletting, objectionable conduct, or remaining in possession after lease expiration. Nuisance holdovers require clear evidence of ongoing, objectionable behavior that threatens the safety or comfort of other occupants. Expiration-based holdovers apply when a lease term ends and the tenant refuses to vacate following proper statutory non-renewal notices.

Notice periods vary based on tenancy length and eviction grounds under Real Property Law (RPL) § 226-c. Landlords must issue a 30-day notice for tenancies under one year, a 60-day notice for tenancies between one and two years, and a 90-day notice for tenancies lasting longer than two years.

After preliminary notice periods expire, landlords file a Notice of Petition and Petition in Civil Court. The tenant has 14 days to answer a nonpayment petition. When the court issues a judgment of possession, the New York City Marshal serves a 14-day Notice of Eviction prior to executing the warrant.

Tenants in rent-stabilized or rent-controlled units hold strong statutory protections under New York law. Landlords cannot refuse lease renewals or evict stabilized tenants without demonstrating statutory good cause, such as owner occupancy or persistent nonpayment. Good Cause Eviction standards further protect qualifying market-rate units, limiting arbitrary non-renewals and unreasonable rent increases.

Under RPL § 235-b, every residential lease contains an implied warranty of habitability guaranteeing fit and livable conditions. Landlords must maintain essential services, including heat, hot water, and structural safety. Unaddressed Housing Maintenance Code violations give tenants grounds for rent abatements and viable defenses against eviction.

Landlords begin a holdover action by serving a Notice of Petition and Petition after preliminary cure and termination notices expire. Service of process must follow RPAPL § 735, requiring personal delivery or substituted service followed by certified and first-class mailings within one day. Parties then appear in the NYC Housing Court Resolution Part for initial conferences.

Discovery in summary proceedings requires court permission by motion under CPLR 408. SJKP's attorneys gather primary residence documentation, lease agreements, certified inspection records, and witness statements early in litigation. Unresolved matters in the Resolution Part move to a Trial Part for formal adjudication.

Technical errors in notice delivery or petition drafting routinely lead to immediate case dismissals. Common procedural defects include:

Failure to serve predicate notices within exact statutory timeframes.

Inaccurate notice details, such as wrong rental calculations or misidentified lease clauses.

Improper service of process under RPAPL § 735, including missed mailing deadlines.

Misclassifying the building’s rent-stabilized status within the court petition.

Tenants assert constructive eviction defenses when severe housing defects render the premises uninhabitable, forcing partial or complete abandonment. Unaddressed hazardous conditions, water leaks, or persistent lack of heat allow tenants to seek rent abatements or challenge possession claims.

Many New York housing court cases conclude through negotiated stipulations of settlement. SJKP structures agreements covering payment schedules, repairs, or vacate deadlines, with provisions allowing immediate entry of judgment upon default to protect landlord interests.

Hypothetical Example for Educational Purposes Only

A landlord brings a holdover proceeding after a lease expires. Instead of going to trial, the parties agree to a 60-day stay of the eviction warrant. The occupant pays monthly use and occupancy, while the landlord waives past rent claims in exchange for a guaranteed surrender date.

Parties seeking to challenge trial rulings file appeals with the Appellate Term of the Supreme Court. Tenants frequently file emergency Orders to Show Cause to stay eviction warrants post-judgment under RPAPL § 753. Courts may grant temporary stays up to one year upon showing good cause and requiring ongoing use and occupancy payments.