In an eviction, your landlord takes legal action to try to make you leave your home. Your landlord must take you to court to evict you. They cannot evict you without taking you to court.
If you live in a mobile home park, some eviction rules are different. For detailed information about mobile home evictions, visit the Mobile Homes Resource Center.
If you live in New York City, learn more about evictions in NYC.
Illegal Evictions
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 your landlord attempts any of these actions, they may be committing an illegal eviction.
Types of Legal Evictions
There are two main types of legal evictions:
Nonpayment Evictions
Your landlord may try to evict you for not paying rent. This is called a nonpayment eviction. Your landlord must give you a receipt when you pay rent, unless you pay by check. You can pay your rent from any legal source of income.
If your landlord refuses to accept your rent payment, this creates important legal issues that may help your case.
Learn more:
- My landlord is threatening to evict me for not paying rent.
- Get a receipt when you pay rent
- My landlord will not accept my rent payment. What can I do?
Holdover Evictions
Your landlord may try to evict you by ending your tenancy or not renewing your lease. This is called a holdover eviction.
Some places have a Good Cause Eviction Law that protects NY renters. This means your landlord must have a good reason to evict you or refuse to renew your lease. You are protected if you live in one of these places: Albany, Beacon, Binghamton, Catskill, Croton-on-Hudson, Fishkill, Hudson, Ithaca, Kingston, Newburgh, New Paltz, New York City, Nyack, Poughkeepsie, or Rochester.
Another type of holdover eviction is called a "lease breach." This is when your landlord accuses you of breaking one or multiple rules in your lease. If your landlord claims you're breaking lease rules, you may have defenses available.
Learn more:
- What can I do if my landlord is ending or not renewing a lease and starting a holdover case against me?
- Good Cause Eviction Law protects NY renters
- My landlord is accusing me of breaking rules in my lease. What can I do?
How to Respond to an Eviction
If your landlord starts an eviction case against you, you have options. You could pay the rent you owe (in a nonpayment eviction) or leave the home (in a holdover or nonpayment eviction). This can stop the eviction case against you.
If you do not do these things, you will have to go to court. Getting ready for your eviction court date means gathering documents, understanding the claims against you, and preparing your defenses for the eviction case. If your home needs repairs or has unsafe conditions, this may be a defense you can use in court.
Learn more:
- How to get ready for your eviction court date
- Preparing your defenses for an eviction case
- My home needs repairs or has conditions that are not safe. What can I do?
- What happens on the day of your eviction case
What Happens in Court
On the day of your eviction case, you'll have the opportunity to present your side to the judge. If you win the eviction case, your landlord cannot evict you. If you lose, your landlord can evict you, but only through the proper legal process.
The court must give your landlord a "warrant of eviction" (court order) to evict you. When you receive a 14-day warrant of eviction, this means the warrant must be served (given) to you by a sheriff, marshal, or constable, and it must give you 14 days to leave your home before you can be evicted. If you do not agree with the court's decision, you can file an appeal.
Learn more:
After an Eviction
Even after you are evicted from your home, you have the right to get your belongings.
Learn more:
Última revisión: December 17, 2025