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.
- You must get a written notice. This notice says your landlord may evict you. You will not have a court date yet.
- 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.
Your first court date
On the first court date, you can ask the judge to delay your case for 14 days. You can also ask for 14 days if you disagree with your landlord’s claims or believe they did not follow the correct legal steps. These 14 days are called an ‘adjournment.’ If you do not have a lawyer, use this time to try to get one.
At court, you can also tell the judge any defenses you have to the eviction. Some defenses are: you did not get the right written notice, you were not correctly served the court papers, you have moved out, or you paid the rent.
Trying to settle the case
During this 14 day period, try to reach a settlement with your landlord. This means you both agree on specific terms. For instance, they might forgive your unpaid rent if you leave by a certain date.
If you and your landlord can't agree on a settlement, you will both have to go back to court and present your evidence to the judge. The judge will then make a decision and issue an order.
If the judge decides you must leave
If the judge rules in favor of your landlord, the judge will issue an eviction warrant. Your landlord has to then give the warrant to the Sheriff or Marshal. The Sheriff or Marshal will serve you a 14-day eviction notice. After these 14 days, the Sheriff or Marshal can remove you and your belongings.
Remember that only law enforcement officials, like the Sheriff, can evict you from your home. If you're in court because you didn't pay your rent, you can stop the eviction by paying all the rent you owe before the Sheriff or Marshal removes you. If you pay the full amount, you cannot be evicted.
If the judge decides you can stay
If the judge rules in your favor, you cannot be evicted. You can stay in your home.
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.
Last Reviewed: December 17, 2025