Evicting a bad tenant in New York costs ~$20,445.
How New York handles evictions
Notoriously slow. NYC Housing Court backlog often pushes contested cases 6–12 months. HSTPA 2019 lengthened every notice period.
The eviction process in New York, step by step
Governed by N.Y. RPAPL §§ 711, 732–733, 749; RPL § 226-c (as amended by HSTPA 2019).
- 1
Late-rent noticeDays 0–5
Certified-mail notice required when rent isn't received within 5 days of the due date (RPL § 235-e); skipping it is an affirmative defense.
- 2
14-day rent demandDays 5–19
Written demand to pay or vacate (RPAPL § 711(2)).
- 3
File notice of petition + petitionAfter day 14
$45 index number in NYC Housing Court (CCA § 1911).
- 4
Service and answer~1 week
Nonpayment respondents answer within 5 days (RPAPL § 732); holdovers are served 10–17 days before the hearing (§ 733).
- 5
Court date / trialWeeks–months
Adjournments are common in NYC; backlog drives most of the timeline.
- 6
Judgment + warrantOn judgment
Warrant of eviction issues to the marshal/sheriff (RPAPL § 749).
- 7
Marshal's 14-day notice, then eviction+14 days
Marshal serves a 14-day notice of eviction, then executes ($140 + $15/additional tenant). The tenant can void the warrant by paying full arrears before execution (§ 749(3)).
New York court fees
| Fee | Amount |
|---|---|
| Filing (index number / notice of petition) | $45 (NYC Housing Court) |
| Process server | ~$35–$100+ per respondent (market rate) |
| NYC City Marshal eviction | $140 + $15 per additional tenant |
Required notice periods in New York
Nonpayment of rent
14-day written rent demand (raised from 3 days by HSTPA 2019)
Lease violation
Notice of petition served 10–17 days before the hearing; cure notices vary by locality
No cause / end of term
30/60/90 days by occupancy length (<1 yr / 1–2 yrs / >2 yrs)
Statute: RPAPL §§ 711(2), 733; RPL § 226-c
Most of that loss is preventable.
Bad tenants almost always leave a paper trail — the problem is that most landlords don't check carefully. Here's what a proper screening catches before you sign the lease.
New York eviction cost FAQ
How much does it cost to evict a tenant in New York City?
The court filing fee is $45 for the index number/notice of petition (CCA § 1911). Add process-server costs (~$35–$100+) and the NYC City Marshal's $140 eviction fee (plus $15 per additional tenant), for typical out-of-pocket costs in the low-to-mid hundreds before attorney fees.
How long does a New York eviction take?
Expect several months. A nonpayment case requires a 14-day rent demand (RPAPL § 711(2)) before filing, the marshal must give a 14-day notice of eviction after judgment (RPAPL § 749), and NYC Housing Court backlogs frequently push cases to 3–6+ months.
How much notice do I need to give for nonpayment of rent in New York?
A 14-day written rent demand to pay or vacate (RPAPL § 711(2)), increased from 3 days by the 2019 HSTPA. You should also have sent the certified-mail notice required when rent is more than 5 days late (RPL § 235-e).
How much notice to end a month-to-month tenancy in New York?
Under RPL § 226-c it depends on occupancy length: 30 days if under 1 year, 60 days if 1–2 years, 90 days if over 2 years. The same tiers apply to rent increases of 5% or more.
Can the tenant stop the eviction by paying after I win in New York?
Yes. Under RPAPL § 749(3), a tenant who pays the full rent arrears any time before the warrant is executed is entitled to have the warrant vacated — a paying tenant can halt a nonpayment eviction up to the last moment.
How much does it cost to evict someone in New York?
A typical contested eviction in New York costs around $20,445 all-in: a $45 filing fee, roughly 4 months of lost rent ($10,400 at a typical $2,600/mo), plus legal fees, property damage beyond the deposit, and turnover costs. Uncontested cases cost less.
How long does an eviction take in New York?
About 120 days (~17 weeks) on average from notice to lockout. Notoriously slow. NYC Housing Court backlog often pushes contested cases 6–12 months. HSTPA 2019 lengthened every notice period.
How much is the eviction filing fee in New York?
$45, filed with the Housing Court (NYC) / District Court. Service, writ, and execution fees are typically extra and vary by county/court.
What court handles evictions in New York?
Evictions in New York are handled by the Housing Court (NYC) / District Court.
Sources & methodology
Filing fees and timelines reflect the Housing Court (NYC) / District Court and public tribunal fee schedules; cost figures are estimates compiled from public court schedules, Eviction Lab, and state guides — actual costs vary by county, contest status, and market conditions. Last reviewed 2026-07-02. Primary statute: N.Y. RPAPL §§ 711, 732–733, 749; RPL § 226-c (as amended by HSTPA 2019).
- RPAPL § 711 (grounds; 14-day demand)
- RPAPL § 749 (warrant of eviction)
- RPL § 226-c (termination notices)
- N.Y.C. Civil Court Act § 1911 (filing fees)
- NYC Sheriff — eviction intake (marshal fee)
This page is general information, not legal advice. Consult a local attorney for your specific situation.