Important: This information is for educational purposes only and does not constitute legal advice. Court fees and requirements change frequently. Always verify with your local court before filing.
Eviction in New York
Open-data reference.
Filing a eviction in New York costs $45–$500 - the highest of the 10 states we track. The typical timeline is NYC: 3-12 months due to backlog. Upstate: 1-3 months., and a mandatory waiting period of 14 days applies before the court can finalize the matter.
Non-payment (14-day notice), holdover (30+ day notice), lease violation
What This Means for Your Eviction Filing in New York
Filing for eviction in New York costs $45–$500 at the courthouse, the first financial barrier most self-represented filers face. Housing Court filing ~$45-$500 depending on borough. Beyond the filing fee, a mandatory waiting period of 14 days applies before the court can finalize the matter, and the typical case timeline is NYC: 3-12 months due to backlog. Upstate: 1-3 months.. County-level surcharges and service-of-process fees can add to that total; see our court fee waiver guide for who qualifies to file without paying.
Procedurally, New York lays out 7 distinct steps, and the clerk typically requires 4 core document categories to open your case. Residency rules matter: standard state residency rules apply. Grounds or legal theory must be stated clearly in the initial petition - Non-payment (14-day notice), holdover (30+ day notice), lease violation (see our pro se filing guide for common filing mistakes to avoid).
Filing Fee Details
Housing Court filing ~$45-$500 depending on borough.
How New York compares to other states
New York ranks #1 of 10 states for eviction filing cost. Each bar is a state's upper-bound eviction filing fee, from $150 (NC) to $500 (NY); New York is highlighted at $500.
Source: state court filing-fee schedules (upper-bound fee per state). Verify current amounts with the relevant court. How we calculate this ranking →
Key Requirements
- Serve proper written notice (14-day rent demand, 30-day termination)
- File Summary Proceeding in Housing Court
- NYC has strong tenant protections (right to counsel)
- Judgment of Possession + Warrant of Eviction required
Step-by-Step Process
- 1
Serve rent demand notice (14 days)
- 2
File petition in Housing Court
- 3
Service on tenant by marshal or process server
- 4
First appearance (tenant may request time to pay)
- 5
Trial if disputed
- 6
Warrant of Eviction issued
- 7
Marshal or sheriff executes eviction
Important Notes
New York City has some of the strongest tenant protections in the US. Evictions can be lengthy.
Grounds / Eligibility
Non-payment (14-day notice), holdover (30+ day notice), lease violation
Quick Reference
- Filing Fee
- $45–$500
- Waiting Period
- 14 days
- Typical Timeline
- NYC: 3-12 months due to backlog. Upstate: 1-3 months.
Official Resources
Other Civil Processes in New York
Frequently Asked Questions
How much does it cost to file for eviction in New York?
The filing fee for eviction in New York is $45–$500. Housing Court filing ~$45-$500 depending on borough.
How long does eviction take in New York?
NYC: 3-12 months due to backlog. Upstate: 1-3 months.
Do I need a lawyer for eviction in New York?
You are not legally required to hire an attorney for eviction in New York, but legal representation is recommended for complex cases. Free or low-cost legal aid may be available, see lawhelp.org for New York resources.
Is there a waiting period for eviction in New York?
New York requires a mandatory waiting period of 14 days before the process can be finalized.
Where do I file for eviction in New York?
Eviction filings in New York are handled through the state court system. Visit the official court website for county-specific filing locations and current fee schedules.
What documents are needed for eviction in New York?
Key requirements include: Serve proper written notice (14-day rent demand, 30-day termination); File Summary Proceeding in Housing Court; NYC has strong tenant protections (right to counsel).
Where does this data come from?
This information is sourced from New York court websites, legal aid organizations, and public court fee schedules, last verified 2026-03. See our methodology for full sourcing details.
Read our methodology - how this data is sourced, computed, and verified.
| Publisher | PlainCivil |
| Sources | Public state court datasets and federal civil-justice records |