Eviction Response in New York
Plain-language legal information · Citations checked against primary sources · Sources linked below
Legal information, not legal advice. This is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
How eviction generally works
Eviction (sometimes called an 'unlawful detainer' or 'forcible entry and detainer' case) is a court process that a landlord generally must follow to remove a tenant. In general, a landlord cannot lawfully remove a tenant by force, by changing the locks, or by shutting off utilities without going through the court — these are often called 'self-help' evictions and are restricted in most states.
The process generally starts with a written notice. The type of notice and the amount of time it gives depend on the reason (for example, nonpayment of rent versus a lease violation) and on state law. After the notice period, a landlord generally must file a case in court, and the tenant is given a chance to respond.
Responding to a notice
Deadlines in eviction cases tend to be short, and they vary by state. Once a case is filed, separate court deadlines apply — and they often move fast.
Reading the notice carefully, noting every date, and confirming the specific deadline with your local court are common first steps. Many people also gather documents such as the lease, rent receipts, and any written communication with the landlord.
New York: the numbers that matter
Answer deadline (splits by case type)
Nonpayment: 10 days · Holdover: appear on the return date
New York never has one number. NONPAYMENT: answer within 10 days of service of the notice of petition and petition (§ 732); the answer may be oral (to the clerk) or written; miss it and you default. HOLDOVER: there is no fixed 'answer in N days' — the petition is served 10–17 days before the return date (§ 733), and you appear/answer ON the return date printed on your papers. NYC Housing Court practice differs from courts outside NYC. Read the return date on your petition and confirm with the clerk.
Read your papers first. The exact date is on the papers you were served. Read them now and confirm with the court clerk named on them. Missing it can mean losing your home by default — often without a hearing. A deadline extracted from your own document always beats any general figure published here.
Sources
This guide references New York's statutes and rules of court, plus public legal-aid resources. Specific statute figures for New York are verified against primary sources, with the statute cite and check date shown on each figure. Always confirm current law with your state's official website or a licensed attorney.
Go deeper with the attorney-ready Eviction Response pack.
See inside · Coming soon