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How long before eviction in New York?
Tenant protection: Moderate7 of 9 checked
Last verified 2026-09-23Law change in effect or pending. Real Property Actions and Proceedings Law 711(2) carries a second, simpler version of the fourteen-day nonpayment demand, marked effective June 15, 2034, which drops the Good Cause Eviction Law notice content required by the current version. The fourteen-day period itself is the same in both versions.
From notice to removal
Each stage has its own timing. A landlord notice alone does not authorize removal.
- 01Notice
14 calendar days
- 02Court stage
Timing not verified
- 03Writ wait
14 days before execution
- 04Removal
Enforcement follows a court order
At a glance
- Grace period before a late fee
- 5 days
- Late fee cap
- A late fee may not be charged unless rent has not been paid within five days of the due date, and the fee may not exceed fifty dollars or five percent of the monthly rent, whichever is less.
- Pay-or-quit notice
- 14 calendar days
- Recorded court-stage timing
- Not verified
- Wait before the writ can be executed
- 14 days
- Can paying stop it before judgment?
- Yes
- Can paying stop it after judgment?
- Only in some cases
- Lockouts without a court order banned?
- Yes
- Record sealing available?
- Not verified
- Right to counsel
- Not verified
- Fastest lawful timeline
- 42 daysNot independently verified. Figure from the Eviction Research Network's state eviction timeframes dataset, as of 2026-07-13. We have not yet checked it against the statutes.
The demand gives the tenant at least fourteen days, in the alternative, to pay the rent due or surrender the premises. The statute does not say a lease may shorten or lengthen that period, and no separate rule for a first-time-late tenant was found. The fourteen-day notice must also carry the Good Cause Eviction Law notice required by Real Property Law 231-c, stating whether the unit is covered by that law and, if it is, the landlord's basis for non-renewal or any rent increase above the local standard.
A landlord may remove a tenant only through the court eviction process. A landlord who forcibly or unlawfully puts a tenant out, or keeps a tenant out by force or the threat of force, is liable to the tenant for triple damages.
Not legal advice. This page reports what the state statute says as of the last-verified date. It does not describe how a particular court applies it, and it does not account for your lease, local ordinances, or the facts of your case. If you have received a notice or a court summons, contact a legal aid organization listed below.
Can I stop it by paying?
Before judgment: Yes. The fourteen-day rent demand that starts a nonpayment case must, by its terms, offer the tenant the choice of paying the rent due or surrendering the premises, so paying in full during that period stops the case before it is filed.
After judgment: Only in some cases. After a judgment for nonpayment, the court must vacate the warrant if the tenant tenders or deposits the full rent due at any time before the warrant is executed, unless the landlord proves the tenant withheld the rent in bad faith.
Behind on utilities in New York too? See New York's shutoff protection rules.
Where to get help
Sources
- N.Y. Real Prop. Acts. & Proc. Law § 711(2). The tenant must have defaulted in rent and been served a written demand giving at least fourteen days' notice, in the alternative, to pay or vacate.
- N.Y. Real Prop. Law § 238-a(2)
- N.Y. Real Prop. Acts. & Proc. Law § 749(2)(a). The officer executing the warrant must give at least fourteen days' written notice and execute it on a business day between sunrise and sunset.
- N.Y. Real Prop. Acts. & Proc. Law § 711 (no tenant may be removed from possession except in a special proceeding) and § 853 (treble damages for a forcible or unlawful entry or detainer).
- N.Y. Real Prop. Acts. & Proc. Law § 732 sets a ten-day return date and a three-to-eight-day trial window after joinder, but only "if the appropriate appellate division shall so provide in the rules of a particular court."
- Thomas, Tim, and the Eviction Research Network (2026). Time to evict: State statutory eviction timelines (verified edition, July 2026) [Data set]. Eviction Research Network, University of California, Berkeley.
- Primary statute