US-New YorkWhat are my rights if my landlord tries to evict me in New York?
In New York, your landlord cannot evict you without a court order after following strict legal procedures — including proper notice, filing in Housing Court, and proving grounds for eviction. You have the right to contest the case, request repairs, and in many cases, receive free legal help.
What the Law Says
New York law strictly prohibits landlords from removing tenants without a court order. Evictions must follow statutory notice, filing, and hearing requirements — and 'self-help' evictions (like changing locks or shutting off utilities) are illegal.
Your landlord must first serve you with a written notice that matches the reason for eviction — for example, a 14-day notice for nonpayment of rent (if rent is less than one month overdue) or a 30-day notice for ending a month-to-month tenancy. For rent-stabilized apartments, longer notices may apply.
After notice, the landlord must file a petition in New York City Housing Court (or County Court outside NYC) and serve you with court papers. Only a judge can issue a warrant of eviction — and only after a hearing where you may raise defenses like improper notice, habitability violations, or discrimination.
Under RPAPL § 711, no landlord may recover possession of residential property 'except pursuant to a special proceeding or action brought in accordance with this article.' Self-help evictions violate RPAPL § 711(1) and may result in civil penalties or criminal charges.
Statutory TextNo landlord shall recover or attempt to recover possession of a dwelling unit occupied by a tenant pursuant to a rental agreement, except pursuant to a special proceeding or action brought in accordance with this article.
— RPAPL § 711(1) — Recovery of possession
Statutory TextA tenant may assert as a defense to a summary proceeding for nonpayment of rent that the premises are not fit for human habitation...
— RPAPL § 741 — Defenses in nonpayment proceedings
What Courts Have Said
New York courts consistently hold that landlords must comply strictly with statutory notice and procedure — even minor defects can void an eviction.
Court dismissed eviction where landlord served a 10-day notice instead of the required 14-day notice for nonpayment — holding that statutory notice periods are mandatory, not directory.
Affirmed that habitability violations (e.g., lack of heat, mold, pests) can be raised as a full defense to nonpayment, reducing rent owed or blocking eviction entirely.
What to Do
Do NOT move out or pay rent under pressure — get everything in writing.
Respond to the court petition within 5 days (in NYC) or 10 days (outside NYC) — go to Housing Court and file an answer.
Request repairs in writing and keep copies; take photos/videos of unsafe conditions.
Apply for free legal help — NYC tenants have a right to counsel in eviction cases (Local Law 131 of 2017).
Attend every court date — failure to appear results in automatic default judgment.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.