Can My Landlord Evict Me in NYC? (2025 Rights & Defense Guide)
Discover the essential rights every New York tenant needs to know to fight back against eviction and protect their home—don’t let uncertainty cost you!
GOOD CAUSE EVICTIONLANDLORD TENANT
Can My Landlord Evict Me in NYC?
(Originally added 1/2/2025; Updated 12/9/2025)
The Short Answer?
It matters on one thing: A court order. Without a court order your landlord cannot legally evict you, change your locks, or remove your belongings without a court order. Under , an eviction is only lawful if the landlord has obtained a Judgment of Possession and a Warrant of Eviction from the Housing Court. Attempting to bypass this process, by changing locks or cutting utilities, is a crime known as an Illegal Lockout, which allows you to sue for triple damages and immediate restoration to your home.
To legally remove you, a landlord must navigate a strict judicial process. This begins with mandatory "predicate notices" (like a 14-Day Rent Demand) and concludes only when a City Marshal serves a formal 14-Day Notice of Eviction.[ Furthermore, under the Good Cause Eviction Law (Article 6-A), landlords of covered units must now prove a specific statutory reason, such as non-payment or nuisance, to end a tenancy or raise the rent above the inflation cap.
Key Legal Definitions for Tenants
If you are asking "Can my landlord evict me?", you need to understand the specific legal terms used in NYC Housing Court.
Judgment of Possession: A court order deciding that the landlord has the superior right to the apartment. This is the prerequisite for an eviction but does not physically remove you.
Warrant of Eviction: A document issued by the court clerk to a City Marshal authorizing them to physically execute the eviction.[]
Good Cause Eviction Notice: A mandatory form that must be attached to lease renewals, rent demands, and eviction petitions. It declares whether your unit is "covered" by Good Cause protections or if the landlord claims an exemption (e.g., "Small Landlord").
Resolution Part: The courtroom where most cases begin. Here, landlords and tenants negotiate settlements (stipulations) under the supervision of a judge or court attorney before a case goes to trial.
Illegal Lockout: Any attempt by a landlord to evict a tenant without a Marshal. This is a Class A misdemeanor under RPAPL § 768.
The Good Cause Eviction Law (Article 6-A)
The Good Cause Eviction Law effectively answers "No" to arbitrary evictions for most market-rate tenants. Landlords can no longer deny lease renewals without cause. Additionally, if a landlord demands a rent increase above the "Local Rent Standard," you can challenge it in court as "unreasonable."
Is Your Rent Increase Legal?
As of April 2025, any rent increase exceeding 8.79% (CPI + 5%) is presumptively unreasonable for covered units. Landlords must justify higher increases by proving significant repair costs or tax hikes in court.
Is My Apartment Covered by the Good Cause Eviction Law?
Not every apartment is, but if your apartment falls under the following then you're covered by it:
Market Rate (Built Pre-2009).
Your Landlords own 10 or fewer units total.
Your building has 10 or fewer units and the owner lives on site.
Buildings built after 2009 are exempt for 30 years.
Required Eviction Notices & Timelines
Before a landlord can take you to court, they must serve you with specific written warnings. If these are missing or defective, the case can be dismissed.
Non-Payment Notices
If the eviction threat is due to unpaid rent, the landlord must follow this sequence:
5-Day Reminder: A written letter sent by certified mail if rent is 5 days late.
14-Day Rent Demand: A formal notice served by a process server demanding the rent be paid within 14 days. Crucially, this must now include the Good Cause Eviction Notice as an attachment.
Lease Termination Notices (Holdovers)
If the landlord wants to end your tenancy (and you are not Rent Stabilized), Real Property Law § 226-c requires them to give advance notice based on your tenure.
Less than 1 year: 30 days notice
1-2 years: 60 days notice
2+ years: 90 days notice
The NYC Eviction Process: Step-by-Step
If you receive court papers, you are still several steps away from actual eviction.
Service of Petition: You receive a Notice of Petition and Petition. For non-payment cases, you must file an Answer with the court clerk within 10 days to avoid a default judgment.
Resolution Part: Your first court date is a mediation session. You will meet with the landlord's attorney to discuss a settlement. Do not sign a Stipulation unless you fully understand the terms.
Trial Part: If you cannot settle, the case goes to trial. The landlord must prove their claims with evidence, and you can present defenses (e.g., bad conditions, improper service).
Judgment & Warrant: If the landlord wins, the judge issues a Judgment of Possession.
Marshal's Notice: The City Marshal must serve a Notice of Eviction. You now have 14 days (increased from the old 72-hour rule) before the Marshal can return to execute the eviction.
Right to Counsel & Legal Help
You may be entitled to a free attorney under NYC's Universal Access to Legal Services Law.
Income Eligibility: Households earning at or below 200% of the Federal Poverty Level (approx. $53,300 for a family of 3 in 2025) are eligible for full representation.
Senior Citizens: All tenants aged 60 and older are eligible for legal representation in eviction proceedings, regardless of their income level.
Contact an Experienced Tenant Defense Attorney
If you have received a 14-Day Rent Demand, a Notice of Petition, or a Marshal's Notice, immediate legal action is required.
Jay Browne, Esq.
Role: Tenant Defense & Eviction Prevention Specialist
Address: 592 Pacific Street, 1st Floor Brooklyn, NY 11217
Phone: (347) 669-3256
Action: Call immediately for a consultation regarding Good Cause Eviction defenses and Housing Court representation