How long does an eviction take in New York City?
For unpaid rent in New York City, expect about 11.5 weeks from notice to lockout under New York's deadlines, or 6.5 to 26.5 weeks if the case is contested. Local rules add costs and steps, listed below. Court: NYC Civil Court, Housing Part (Housing Court). Estimate your cost ↓
New York City eviction timeline
These deadlines come from New York law, as on the New York page. We found no separate city notice period for nonpayment.
- Notice to pay or leave 14 daysofficial source
14-day rent demand (N.Y. Real Prop. Acts. Law § 711(2)) source · second source - File the case and get a judgment about 17-120 daysofficial source
Petition served 10-17 days before the court date; answer about 10 days after service source - Judgment to lockout 15-30 daysofficial source
Marshal or sheriff must give at least 14 days' written notice before executing the warrant source - If the tenant appeals 30-day windowofficial source
NYC Housing Court: 30 days after service of the judgment with notice of entry; the eviction is not stayed without an undertaking or court order source
Local rules that change the answer
- The marshal must serve a notice of eviction and wait at least 14 days before evicting; evictions happen only 8 a.m.-5 p.m. on weekdays. official source source
Can the tenant pay and stay?
Tenant can stop the eviction by paying the full rent owed before the warrant is executed. official source source
Eviction costs in New York City
| Cost | Amount | Notes |
|---|---|---|
| Court filing fee | $45 | NYC Housing Court: Housing Court index number fee $45 (plus small motion and jury fees if used) official source source |
| Serving the tenant | $60-$80 | NYC city marshal (CPLR 8011): If a city marshal serves the petition, the fees are set by state law: $20 to receive it, $20 to serve the first tenant, $20 per extra tenant, and $20 for the military affidavit, plus mileage (CPLR 8011(f)(1)). Most landlords hire licensed private process servers, whose prices aren't regulated official source source · second source |
| Sheriff/marshal lockout | $105-$120 | NYC city marshal (CPLR 8011): City marshal statutory fees: $15 to requisition the warrant, $15 per person served with the 14-day notice of eviction, and $75 to execute it, plus mileage and the actual moving/storage costs (CPLR 8011(f)(2), 8013). NYC DOI confirms these sheriff fees apply to marshals official source source · second source |
| Lawyer, uncontested | $500-$1,500 | National rough estimate; big-city rates often run higher estimate |
| Median gross rent | $1,811/mo | Census ACS 2024 1-year (B25064): city $1,811 (±$12); New York-Newark-Jersey City metro $1,851 (±$10) data |
Tenant protections in New York City
| Just-cause eviction rules | Yes (city law) | Good Cause Eviction law (2024) covers most NYC market-rate homes. Nonpayment is still a good cause unless it stems from a rent increase above the local rent standard (inflation + 5%, max 10%). Small landlords (10 or fewer units statewide) and already-regulated units are exempt official source source |
| Rent control / stabilization | Yes (city law) | Rent stabilization: the Rent Guidelines Board set a 0% increase for 1- and 2-year leases starting Oct 1, 2026 - Sep 30, 2027 (Order #58) official source source |
| Right to counsel for tenants | Yes (city law) | Right to Counsel law (Local Law 136 of 2017): free lawyers for Housing Court tenants in every ZIP code. Full representation is for households at or below 200% of the federal poverty level or with a member 60 or older official source source · second source |
| Seasonal / weather limits | No (state law) | None statewide found in the sources we checked unverified |
| Required mediation / pre-filing program | No (state law) | None statewide found in the sources we checked unverified |
| Relocation payments (no-fault evictions) | No (city law) | None found in the city and state sources we checked unverified |
Eviction cost calculator for New York City
| What | Typical | Low to high |
|---|
Full timeline and sources · Total = rent × (months behind + months to evict + months to re-rent) + court fees + lawyer + turnover. How we calculate.
City score: 20/100
Timeline 10.4/50 · right to cure 3/20 · protections 7/30 (city and state rules together). The statewide New York score is 43. How the score works.
New York City eviction FAQ
How long does an eviction take in New York City?
For unpaid rent, about 11.5 weeks from notice to lockout, with a range of roughly 6.5 to 26.5 weeks, based on New York's notice and court deadlines. Real-world data: NYC Independent Budget Office (Sept 2025): in 2023-24 only 54% of Housing Court cases reached a first major decision within 6 months and 87% within a year, versus 93% and 97% in 2017-19. Expect contested NYC cases to run well past our rule-based high estimate.
How much does it cost to file an eviction in New York City?
The court filing fee is $45 (NYC Housing Court). The sheriff or marshal lockout fee is $105-$120 (NYC city marshal (CPLR 8011)). Serving the tenant costs $60-$80. Lawyer fees are extra (national rough estimate $500-$1,500 uncontested).
What tenant protections apply in New York City?
City and state rules include just-cause eviction rules; rent control / stabilization; right to counsel for tenants.
Can a tenant in New York City stop the eviction by paying?
Tenant can stop the eviction by paying the full rent owed before the warrant is executed.
What local rule do landlords in New York City often miss?
The marshal must serve a notice of eviction and wait at least 14 days before evicting; evictions happen only 8 a.m.-5 p.m. on weekdays.
Sources and last-checked dates
| Field | Source type | Link | Checked |
|---|---|---|---|
| Notice period (state law) | official source | www.nysenate.gov · second source | 2026-10-17 |
| Court deadlines (state law) | official source | www.nycourts.gov | 2026-10-17 |
| Judgment to lockout (state law) | official source | www.nysenate.gov | 2026-10-17 |
| Appeal (state law) | official source | nycourts.gov | 2026-10-17 |
| Filing fee | official source | nycourts.gov | 2026-10-17 |
| Service fee | official source | law.justia.com · second source | 2026-10-17 |
| Lockout fee | official source | law.justia.com · second source | 2026-10-17 |
| Right to cure | official source | www.nysenate.gov | 2026-10-17 |
| Court wait | official source | www.ibo.nyc.gov | 2026-10-17 |
| Just-cause eviction rules | official source | www.nyc.gov | 2026-10-17 |
| Rent control / stabilization | official source | rentguidelinesboard.cityofnewyork.us | 2026-10-17 |
| Right to counsel for tenants | official source | www.nyc.gov · second source | 2026-10-17 |
| Local rule | official source | www.nycourts.gov | 2026-10-17 |
| Median rent | official source | census.gov (ACS B25064) | 2026-10-17 |
Every field on this page has a source.
Other big cities
Los Angeles (8.5 wk) · San Francisco (8.5 wk) · Chicago (6 wk) · Washington, DC (16.5 wk)