New York Eviction Process in 2026: 5 Mistakes That Sink Cases

Mistake #1: Serving a Defective Rent Demand Before Filing

The most common way a New York nonpayment case dies before it starts is a flawed 14-day rent demand. For nonpayment, New York landlords must first serve a written 14-day rent demand under RPAPL § 711(2). The prior three-day demand and the option to make an oral demand were both eliminated by the Housing Stability and Tenant Protection Act of 2019 (HSTPA). That means any landlord who still thinks they're serving a three-day notice is starting their case on a void foundation.

The demand must state the amount of rent claimed due, identify the rental period, demand payment or possession within 14 days in the alternative, and include the RPL § 231-c disclosure notice. That last piece — the Good Cause Eviction Law (GCEL) disclosure — trips up many landlords who signed leases before August 2024. Effective August 18, 2024, all landlords must comply with the Good Cause Eviction Law Notice requirement mandated by RPL § 231-c. This notice mandate applies to all landlords, whether or not exempt from the GCEL, and requires landlords to append or incorporate the proper notice into any initial lease, renewal lease, notices, and petitions. If the unit is exempt, the notice must explicitly identify the applicable exemption.

Non-payment proceedings under RPAPL § 711(2) are the most common ground for eviction — and also a minefield. Your 14-day rent demand letter can't have the wrong dollar amount by even one cent. Judges have dismissed cases because the demand overstated the rent owed by including late fees or attorney's fees. In a nonpayment case, you can only be evicted for not paying your rent. A tenant cannot be evicted for non-payment of other fees, such as late fees, legal fees, or any other added fee.

Service must follow RPAPL § 735: personal delivery, substitute service on a person of suitable age and discretion plus dual mailing, or conspicuous-place service (posting) plus dual mailing by certified or registered mail and regular first-class mail. You also cannot serve the papers yourself. You must have someone serve the tenant with the written demand. You cannot serve it yourself. A person who is over 18 years old and is not a party in the case must serve the tenant.

Mistake #2: Using the Wrong Notice Type or Wrong Termination Period

New York uses different pre-eviction notices depending on the grounds and the type of tenancy. Confusing them — or using the right notice with the wrong timeline — restarts the clock entirely.

For nonpayment: a 14-day written rent demand under RPAPL § 711(2). For lease violations (curable): a 10-day Notice to Cure, followed (if uncured) by a Notice of Termination. If a tenant violates a lease provision, the landlord must generally provide two notices: a Notice to Cure, giving the tenant 10 days (unless the lease provides more time) to fix the violation; if the tenant corrects the issue, the landlord cannot proceed. If the tenant fails to cure, the landlord must serve a Notice of Termination stating that the tenancy has been terminated and that the tenant must move out, typically within 30 days.

For month-to-month terminations, the notice requirements are tiered by how long the tenant has lived there. Non-renewal and rent-increase notices run on the tiered schedule in Real Property Law § 226-c: 30 days for occupancy under one year, 60 days for one to two years, and 90 days for two years or more, enacted by the Housing Stability and Tenant Protection Act of 2019. Missing the correct tier doesn't just delay your case — it invalidates the notice entirely and you must re-serve.

The table below summarizes the required pre-filing notice by scenario:

Mistake #3: Assuming the Good Cause Eviction Law Doesn't Apply to You

Since April 20, 2024, the Good Cause Eviction Law (RPL Article 6-A) is the most significant change to New York landlord-tenant law in decades, and many small landlords outside New York City still don't know it may affect them. Real Property Law Article 6-A applies automatically to all covered housing accommodations in New York City under RPL § 212. Outside New York City, the law applies only in a village, town, or non-NYC city that opts in by local law under RPL § 213.

The law mandates that landlords must show "good cause" for evicting tenants. Good cause can include legitimate business reasons, such as the tenant failing to pay rent, violating lease terms, or engaging in unlawful behavior. However, the law also places significant restrictions on landlords, particularly around rent increases and lease renewals. For covered units, the Good Cause Eviction Law caps rent increases at the lesser of 10% or the inflation index — defined as 5% plus the annual percentage change in the CPI — unless a higher increase can be justified with proper documentation.

There are exemptions. Premises owned by a "small landlord" are generally exempt from the provisions of the GCEL. Under RPL § 211(3), subject to modification by applicable local law, a "small landlord" is defined as a natural person holding direct or indirect ownership interest of no more than ten units in New York State. If a landlord is an entity, that landlord qualifies as a small landlord if each natural person with direct or indirect ownership interest in the entity (or any affiliated entity) owns no more than ten units in New York State. Note, however, that some municipalities that have opted in to the GCEL have set the small-landlord threshold at one unit, not ten. Check local law carefully.

Critically, even landlords who are exempt from the substantive protections of the GCEL must still include the RPL § 231-c disclosure in every lease, renewal, notice, and eviction petition. The importance of including the Good Cause Eviction Law Notice cannot be overstated, as the GCEL prohibits the commencement of any action and entry of a judgment of possession where any of the notice requirements are not strictly complied with.

Mistake #4: Attempting Self-Help — Changing Locks, Cutting Utilities, or Removing Belongings

No mistake costs more money faster than trying to skip court. Landlords cannot simply change locks, shut off utilities, or force tenants out. That would be considered an illegal eviction under RPAPL § 768. This is not a technical violation with a minor fine. It's a criminal statute.

New York's Housing Stability and Tenant Protection Act of 2019 created new protections for tenants. Under RPAPL § 768, it is a Class A misdemeanor to evict an occupant from their home without a court order, or to fail to restore an occupant who was evicted without a court order. Beyond criminal exposure, an owner is subject to civil penalties of between $1,000 and $10,000 per violation, and incurs additional penalties of up to $100 per day, for a maximum of six months, until the occupant is restored to the dwelling unit.

Tenants removed by force or unlawful means may be awarded triple damages for property that has been lost or damaged in the eviction process, the cost of alternative accommodations, incidental damages, and the value of permanently lost tenancy under NY RPAPL § 853. The financial exposure from a single self-help incident can easily exceed the rent the landlord was trying to recover. Only courts can order eviction, and only a marshal, sheriff, or constable can execute the warrant.

Mistake #5: Misunderstanding the Post-Judgment Timeline and Tenant Stays

Winning in court is not the end. Many landlords are blindsided by how much time can still pass between a judgment and physical removal. Once the warrant is issued, the enforcing officer will serve the tenant with a 14-day Notice to Vacate before scheduling a physical eviction. In New York City, if the court enters judgment for the landlord, the warrant of eviction is issued to a city marshal; outside NYC, the warrant is executed by the sheriff or local enforcement officer.

Tenants have several tools to extend the process. Tenants may file a Notice of Appeal within 30 days or request a stay of execution for up to one year in cases of hardship under RPAPL § 753. If a tenant loses a housing case and the judge orders eviction, they can ask the court for up to one year to move if they can show they cannot find a similar apartment in the same neighborhood. It is up to the judge's discretion. In nonpayment cases specifically, a tenant can pay all rent owed at any time before execution of the warrant to dismiss the case under RPAPL § 749(3).

The realistic total timeline reflects all of this. The typical end-to-end eviction takes 2 to 6 months. Delays are common due to continuing court backlogs, and evictions often take several months or even up to 2 years to conclude, as housing courts manage a heavy caseload. Outside New York City, proceedings typically move faster, but landlords upstate or in smaller cities that have opted into the Good Cause Eviction Law face added complexity around the enumerated grounds for removal.

The SVG below illustrates the full nonpayment eviction flow and where each step falls in the timeline:

Mistake #5 (Continued): Accepting Rent After Serving Notice

There's one more trap inside the post-notice phase that small landlords frequently walk into: if you accept rent after serving an eviction notice, you may waive your right to proceed with that eviction. Accepting partial payment from a tenant mid-proceeding can be construed as creating a new payment arrangement, which may require you to re-serve the notice. If you do accept any payment after a notice has been served, document it clearly in writing and confirm it does not constitute a waiver of the eviction grounds. When in doubt, consult an attorney before cashing or depositing any check from the tenant at that stage.

The flip side: in nonpayment proceedings, tenants retain the right to pay their way out until the very end. A tenant can pay all rent owed at any time before execution of the warrant to dismiss the case under RPAPL § 749(3). That's actually useful information — it means accepting full rent owed during the court proceeding does cleanly resolve the case. The danger zone is partial payment or acceptance after a holdover proceeding notice.

About LeaseHelper: LeaseHelper builds AI-powered lease, eviction, and rental document generators for small landlords and property managers, and publishes guides on landlord-tenant law, security deposits, and evictions.