NYC Housing Court Guide
Got an Eviction Notice in NYC?
Here's What to Do.
An eviction notice feels alarming — but in New York City, it's just the beginning of a legal process. You cannot be removed from your home without a court order. That means you have time, and you have rights.
This guide is for informational purposes only and is not legal advice. Always verify your situation with a licensed attorney or official NYC resources.
The 3 Types of Eviction Notices in NYC
The notice you received tells you what kind of case your landlord is building. Each one works differently:
1. 14-Day Notice to Pay Rent or Quit
Your landlord claims you owe unpaid rent. You have 14 days to pay the full amount — if you do, the eviction stops there. If you don't, they can file a nonpayment case in Housing Court.
2. Notice to Cure
Your landlord claims you've violated your lease — things like unauthorized occupants, subletting, or damage. You typically have 10 days to fix ("cure") the problem. If you do, they can't proceed. If you don't, they can serve a Notice of Termination.
3. Notice of Termination / Holdover Notice
Your landlord wants you to vacate — often because your lease ended, you haven't cured a violation, or they claim a serious breach. This doesn't mean you have to leave immediately. They still need to win in Housing Court.
What to Do Right Now
- Read it carefully. What type is it? What's the deadline? Is your name and address correct? Is the amount right? Errors can be a defense.
- Don't panic — but don't wait. The clock is running. Even if you think the notice is wrong, act quickly.
- Pay back rent if you can. For a 14-Day Notice, paying in full within 14 days stops the case completely.
- Document everything. Keep the notice, your lease, any payment receipts, and any communications with your landlord.
- Show up to court. If a case is filed, attend every hearing. A missed court date can result in a default eviction.
Key Things to Know
- Your landlord cannot change your locks, remove your belongings, or shut off utilities to force you out — that's an illegal lockout.
- NYC's Right to Counsel program provides free lawyers to income-qualifying tenants in Housing Court eviction cases.
- Poor housing conditions — heat, leaks, pests — can be a defense in court, even in nonpayment cases (called a "rent impairing violation" defense).
- If your landlord is retaliating against you for complaining about conditions, that is also a defense.
- Housing Court has free tenant help centers where you can get guidance on the day of your hearing.
Not sure what your notice means or what to do next?
Talk to VERA — TENANT's free AI guide →Frequently Asked Questions
Can I be evicted immediately after receiving a notice?
No. A notice starts the process, but your landlord must file in Housing Court and win before a marshal can remove you. This process typically takes months.
What if I can't afford to pay back rent?
Show up to your court date. NYC Housing Court often facilitates payment agreements. You may also qualify for rental assistance programs like DSS Emergency Assistance or SOTA. Missing court is the worst thing you can do.
The notice has errors — wrong apartment number, wrong amount. Does it matter?
Possibly. 'Material' defects in a notice can be a defense. Courts assess whether the error caused you harm or confusion. A legal aid attorney can help you evaluate this.
My landlord threatened to change the locks. Is that legal?
No. An illegal lockout is a serious violation of NYC law. If your landlord changes your locks without a court order, call 311, the police, or NYC Housing Court immediately. You have the right to re-entry.
Do I need a lawyer to respond?
Not necessarily. Many tenants go pro se (self-represented) in Housing Court. But legal help matters. NYC's Right to Counsel program and legal aid organizations offer free help to those who qualify. TENANT can help you prepare regardless.