What are the steps to evict a tenant for unpaid rent in New York?
In New York, an eviction for unpaid rent runs through 8 steps, each set by the statute or court rule beside it: (1) Serve a 14-day written rent demand — RPAPL § 711(2); (2) Wait the full 14 days for payment — RPAPL § 711(2); (3) Prepare the notice of petition and petition — RPAPL § 741; (4) File and buy an index number — CPLR § 321(a); (5) Serve the notice of petition and petition, 10 to 17 days before the return date — RPAPL §§ 733, 735; (6) The return date — RPAPL § 732; (7) Judgment and warrant of eviction — RPAPL § 749; (8) Marshal’s 14-day notice of eviction — RPAPL § 749(2). Rent must be demanded in writing 14 days before a nonpayment proceeding, and the demand must state the rent due by month. A tenant may pay the full amount at any point up to the execution of the warrant and the proceeding ends. New York City adds requirements of its own. The procedure as a whole is set by RPAPL Article 7 (§§ 711, 731, 733, 735, 749); RPL § 235-e; Housing Stability and Tenant Protection Act of 2019.
| What | New York |
|---|---|
| Court | District, City, Town or Village Court (Housing Part). In New York City, the Housing Part of the Civil Court. |
| Steps with a citation | 8 |
| Cities with their own rules on file | New York City |
Notes
Rent must be demanded in writing 14 days before a nonpayment proceeding, and the demand must state the rent due by month. A tenant may pay the full amount at any point up to the execution of the warrant and the proceeding ends.
Source
RPAPL Article 7 (§§ 711, 731, 733, 735, 749); RPL § 235-e; Housing Stability and Tenant Protection Act of 2019
Read the statute in the New York Consolidated Laws (New York State Senate): nysenate.gov.
Checked against the statute on September 7, 2026.
This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.
How Seayora uses this rule
Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.
Guides on this rule
- Can a Landlord Send an Eviction Notice by Email or Text? — The federal E-SIGN Act excludes eviction notices, so state law decides how a notice to pay or quit must be served. California, New York and Florida rules.
- Landlord Retaliation Laws: Protected Tenant Acts and Time Limits — When an eviction, rent increase or cut in services is presumed retaliatory: 180 days in California, six months in Texas, a year in New York.
- The CARES Act 30-Day Notice to Vacate: Is It Still Required? — The CARES Act 30-day notice to vacate still applies to properties with federally backed mortgages or federal assistance. Which properties are covered, and why.
- VAWA Housing Protections: What Assisted-Housing Landlords Must Do — The Violence Against Women Act protects survivors in public housing, vouchers, LIHTC and other assisted housing. Who it covers and what owners must do.
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