An introduction to eviction in New York State

In an eviction, your landlord takes legal action to try to make you leave your home. 

Your landlord cannot lock or force you out without a “warrant of eviction” (court order). It is against the law if your landlord tries to evict you by: changing the locks, shutting off the electricity or water, or stopping you from getting inside.

If you've been illegally evicted, you can:

• report it to the police and
• complain to the New York Attorney General 

If you live in New York City, learn more.

How an eviction starts

To legally evict you, your landlord has to follow specific steps. 

1. You must get a written notice. This notice says your landlord may evict you. You will not have a court date yet. 
2. Next, you get court papers. Your landlord must give you court papers called a "Notice of Petition and Petition." These are the official court papers that start an eviction case. These papers will tell you the time, date, and location of your first court date. Your first court date must be at least 10 days, and not more than 17 days, after you get the papers. Try to find a lawyer to help you during this time. 

Want to know what happens in court?

Read how to get ready for your eviction court date and what to expect on the day of your eviction case.

Want help getting your defenses ready?

Learn how to prepare your defenses in an eviction case.