Prepare your documents for Eviction in New York
This website helps prepare the forms required for Eviction in New York.
An overview of Eviction at is here
HOW IT WORKS
1. Take Screening
Start with an online screening tool to help you determine which eviction-related legal option best fits your situation.
2. Prepare Documents
Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.
3. Consult Advocate (Optional)
You can consult a housing advocate to get guidance on eviction-related matters. If you’re facing eviction from a rental property, an advocate can help you understand your rights and options. They can review your case documents, speak with you directly about your situation, and assist with developing a plan to maintain housing stability.
4. File with the Clerk
You can formally begin the eviction case by filing your forms with the clerk at the appropriate Housing Court in New York. You must file in the county where the rental property is located. Filing can typically be done in person at the courthouse, and some courts also offer online filing through the NYS Courts e-filing system (NEFYSC). Be sure to check with your local Housing Court for specific filing procedures and accepted methods.
Process
Step 1
You: Take Online Screening
Begin your eviction process by taking the screening on LegalAtoms. Just enter your zip code in the top right corner of the homepage, then answer some simple questions about your rental situation and the tenant issue you are facing. This screening is designed to confirm whether filing an eviction case is appropriate for your situation and which specific forms and steps you will need. Based on your answers, LegalAtoms customizes the process to fit your county’s local rules and your case details. Before starting, gather all relevant documents to support your eviction claim.
Step 2
You: Gather Evidence and Issue the Rent Demand (typically a 14-Day Notice) before starting a nonpayment eviction case in New York.
Start by collecting all important documents to support your eviction case, including:
The lease or rental agreement signed by both you and the tenant
A record of rent payments or missed payments
Any written communication or prior notices given to the tenant
Next, prepare a 14-Day Rent Demand, as required under New York Real Property Law § 711(2). This notice informs the tenant that they must pay the overdue rent within 14 days or face eviction proceedings. You may use a court-approved template, a legal service platform, or your own form—just ensure it complies with legal requirements.
Make sure to serve the notice properly—either personally, by substitute service with mailing, or by conspicuous place service with mailing. Always retain a copy of the notice and proof of service (such as an affidavit), as you will need it when filing the case in Housing Court.
Step 3
You: Wait for the Notice Period to Expire
After serving the 14-Day Rent Demand, you must wait the full notice period before taking further action. In New York, this means waiting 14 calendar days from the date the notice was served. Weekends and holidays are included.
If the tenant pays the full rent due within this period, the eviction process stops. However, if the tenant fails to pay or move out, you are legally allowed to proceed by filing a nonpayment eviction case in the appropriate New York Housing Court located in the same county as the rental property.
Step 4
You: Create Your Eviction Case on LegalAtoms
Log in to your LegalAtoms account, or create a new one if you don’t already have an account. From your dashboard, click “Start New Case” and select “Eviction (New York - Nonpayment)” as the case type. The platform will guide you step by step through entering all required information, including:
The tenant’s full name and contact details
The rental property address and lease terms
Uploads of supporting documents, such as the lease agreement, 14-Day Rent Demand, and rent payment records
LegalAtoms helps ensure that your filing is complete and complies with New York Housing Court requirements before you submit it to the court.
Step 5
You: Serve the Citation and Petition
Once your eviction case is filed with the New York Housing Court, the court will issue a Notice of Petition along with your Petition (Nonpayment) to officially notify the tenant about the lawsuit.
Serving the Tenant:
In New York, you cannot serve the eviction documents yourself. They must be served by a non-party who is at least 18 years old—or by a professional process server.
The server must attempt one of the following:
Personal delivery to the tenant
Substitute service (to a person of suitable age and discretion) plus mailing, or
Conspicuous place service (posting on the door) plus mailing, if other methods fail after due diligence
Once service is completed, the Affidavit of Service must be filed with the court. Proper service is essential—failure to follow legal procedures may result in dismissal or delays in your case.
Step 6
Wait for Tenant’s Response
After the tenant has been served with the Notice of Petition and Petition, you must wait for the court-scheduled eviction hearing, which is typically held 10 to 17 days after service, depending on how and when the documents were served.
In New York, tenants are not required to file a written answer before the hearing. They may simply appear in court on the scheduled date to contest the eviction.
During this waiting period, monitor your LegalAtoms dashboard and any court communications for updates, including the hearing date. If the tenant fails to appear, and service was properly completed, the judge may issue a default judgment in your favor—allowing you to proceed with the next step: requesting a Judgment of Possession and Warrant of Eviction
Step 7
You, Request Default Judgment or Prepare for Hearing
If the tenant does not appear at the scheduled eviction hearing, the judge may issue a default judgment in your favor. LegalAtoms will guide you through confirming proper service and requesting the default judgment, allowing your case to move forward without further delay.
However, if the tenant appears at the hearing, LegalAtoms will help you prepare by:
Explaining what documents and evidence to bring (such as the lease, 14-Day Rent Demand, payment records, and any relevant communication)
Offering tips on how to present your case clearly and confidently
Preparing you for what typically happens during a Housing Court hearing
At the hearing, both you and the tenant will have an opportunity to speak. The judge will review the evidence and decide whether to grant possession of the property and any unpaid rent you’ve requested.
Step 8
You: Obtain Final Judgment and Request Writ of Possession
If the court rules in your favor at the hearing, the judge will issue a Judgment of Possession, legally granting you the right to take back the rental property.
Next, you can request a Warrant of Eviction through LegalAtoms or directly with the Housing Court. Once the warrant is issued:
The court will forward the warrant to a City Marshal or Sheriff, depending on your location
The Marshal will serve a 72-hour Notice of Eviction at the property
If the tenant does not vacate within 72 hours, the Marshal or Sheriff will forcibly remove the tenant
After this step, you regain legal possession of the property and may begin cleaning, repairing, or preparing it for the next tenant.
FAQs
Court Forms Created This website guides you through all the topics required to complete your Eviction documents and file your case.
Core Forms
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5 Day Notice for Past Due Rent
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Written Demand for Past Due Rent
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Notice of Petition – Nonpayment (UCS-LTN1) Fillable
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Petition – Eviction for Nonpayment (UCS-LTN2)
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Good Cause Eviction Law Notice