For landlords in New York, understanding when to start the eviction process can make all the difference in recovering your property and minimizing losses. Eviction laws have changed significantly in recent years, and waiting too long can cost you valuable time and rent.
After the 2019 changes to New York’s eviction laws, the time it takes to get a tenant out of your property has dramatically increased. If something went wrong, the case could be back in court soon after. Now, notices grant two weeks to pay, more than two weeks before court, two-week adjournments between court dates, and two weeks before warrants can be executed.
Before 2019:
- Written rent demands were optional
- Petitions could be served as little as 5 days before court
- After court, warrants had only three days before they could be executed
After 2019:
- Tenants get 14 days to pay after notice
- More than two weeks before the first court date
- Two-week adjournments between court appearances
- Two weeks before warrants can be executed
Add those up and you’ll see there’s a long road to eviction ahead these days.
Many landlords think they’re being generous by “working with” tenants and delaying legal action but fail to realize that delays will often be used against the landlord. New York courts sometimes apply what’s called the stale rent doctrine — meaning that if too much time has passed, the court may not allow you to use older unpaid rent as grounds for eviction. This practice is a judicial reaction to landlords who let tenants’ debts pile up to the point where they can never be paid. Simply put, the courts say that the unpaid rent didn’t seem like a priority to the landlord if they are waiting a year to bring the case.
Even when rent isn’t the issue, timing still matters. For “holdover” cases — where you simply want the tenant to move out after a lease ends — missing a deadline can derail your case entirely. New York’s 30/60/90-day nonrenewal notices might be given for the wrong time period and potentially result in a case dismissed. What should have been a 60-day notice, might increase to 90-days if certain deadlines pass. Even worse, a municipality might opt in to Good Cause Eviction Law and negate a nonrenewal notice before the case ever comes to court.
New York’s predicate notice requirements for nonpayment or holdover eviction cases mean landlords can’t afford to wait. At the first sign of a nonpaying, disruptive, or otherwise unacceptable renter, landlords need to be clearing the path to court. Long service windows before a court date, mandatory adjournments, and other systemic delays provide more than enough time for landlords to “work with” tenants while preserving their rights to proceed with the eviction.
The bottom line: New York’s eviction laws require strict compliance and careful timing. At the first sign of trouble — whether a missed payment, property damage, or other lease violation — it’s important to begin preparing your case.
MCV Law’s Landlord Services team can help you navigate the notice requirements and filing deadlines to avoid costly delays and protect your property rights.