You Got an Eviction Notice. Here’s Exactly What to Do Next.
Receiving eviction papers is frightening, but the papers themselves are not an eviction order. In New York City, a landlord cannot remove you from your home without going through Housing Court — and the law gives you real opportunities to defend yourself, delay a judgment, and in many cases stay in your apartment. What matters most right now is that you respond and show up.
This guide walks you through every step: what the papers mean, how to file your answer, what defenses you can raise, and how to get a free lawyer to represent you before your first court date.
Legal Disclaimer: This is general legal information, not legal advice. Laws change frequently. Contact an attorney for advice about your specific situation.
Step 1: Understand the Two Types of Eviction Cases
NYC Housing Court handles two main eviction case types, and the rules for responding differ between them.
Nonpayment Cases
A nonpayment petition means your landlord is suing you because they claim you owe rent. You will receive two documents: a Notice of Petition and a Petition. The Notice of Petition tells you when and where to appear. The Petition describes what the landlord claims you owe.
Under New York’s Real Property Actions and Proceedings Law (RPAPL § 732), you must answer a nonpayment petition within 10 days of being served. Your written answer must be filed within five days of receiving the notice of petition. If you miss this window, the landlord can request a default judgment against you — meaning you lose without the case being heard on the merits.
Holdover Cases
A holdover petition means the landlord claims you have no right to remain in the apartment — for example, because your lease expired and they chose not to renew it, or because they allege a lease violation. In most holdover cases, you answer in the courtroom on your court date. However, if the Notice of Petition was served at least 8 days before the return date, it may require a written answer at least 3 days prior. Read your Notice of Petition carefully for the specific deadline.
Step 2: Do Not Miss Your Court Date
This is the single most important rule. Whether you have an attorney or not, missing your first Housing Court appearance almost always results in a default judgment — the landlord wins automatically, and a warrant of eviction can follow. Your court date is printed on the Notice of Petition you received.
If you have an emergency that prevents you from attending, call the Housing Court clerk’s office for your borough immediately (see the Help Center numbers below) and ask about options to adjourn or vacate a default.
Step 3: Get a Free Lawyer Through the Right to Counsel Program
New York City’s Right to Counsel (RTC) law gives income-eligible tenants the right to a free attorney in Housing Court eviction cases. This is one of the strongest tenant protection laws in the country, and you should use it.
Who is eligible: Any tenant sued for eviction in NYC Housing Court whose household income is at or below 200% of the federal poverty guideline (approximately $30,000 for a single person, or $62,000 for a family of four). Eligibility does not depend on what type of tenant you are — rent-stabilized, NYCHA, Section 8, market-rate, or otherwise. Immigration status does not affect eligibility.
How to connect with a free lawyer:
- Call the RTC Hotline: 718-557-1379
- Visit: evictionfreenyc.org
- Attend your first court date — legal service providers are stationed at every NYC Housing Court to screen and connect tenants with representation
All cases go through the Right to Counsel (“Universal Access”) program at the first court date. Showing up is how you access the program.
Step 4: Go to the Housing Court Help Center Before Your Date
Every NYC Housing Court has a Help Center staffed by court employees who can explain the process, help you understand your rights, and assist with paperwork — all for free. You do not need an appointment. Help Centers are open Monday through Friday, 9:30 a.m. to 5:00 p.m.
Help Center Locations by Borough
- Manhattan: 111 Centre Street, Room 104, New York, NY 10013
- Bronx: 851 Grand Concourse, Room 121, Bronx, NY 10456
- Brooklyn: 141 Livingston Street, Room 404, Brooklyn, NY 11201
Also: Red Hook Community Justice Center, 88 Visitation Place, 1st Floor, Brooklyn, NY 11231 - Queens: 89-17 Sutphin Boulevard, Room 235, Jamaica, NY 11435
- Staten Island: 927 Castleton Avenue, Staten Island, NY 10310
Source: NYC Housing Court Help Center — NYCOURTS.GOV
Step 5: File Your Written Answer
In a nonpayment case, you can answer orally or in writing. Filing a written answer is strongly recommended — it creates a record and forces the landlord to respond to your stated defenses. You can get a free answer form (Form UCS-LTN3) at the Housing Court clerk’s office or online at nycourts.gov. NYC Courts also offers a free guided Nonpayment Answer Program that walks you through the questions and generates an answer chart to bring to the clerk.
Your answer must include your defenses — the legal reasons you dispute all or part of the landlord’s claims.
Step 6: Know Your Legal Defenses
Even if you owe some rent, you may have powerful defenses that can reduce what the court finds you owe, delay judgment, or result in a dismissal. Common defenses recognized by NYC Housing Court include:
Warranty of Habitability (Real Property Law § 235-b)
New York law requires landlords to maintain apartments in a safe and livable condition. If your apartment has serious conditions — no heat, no hot water, mold, pest infestations, broken doors — you may be entitled to a rent abatement: a reduction in what you owe based on the reduced value of the apartment due to those conditions. Document everything with photos, 311 complaints, and any written communication with your landlord.
Rent Overcharge
If your landlord is suing you for more than the legally allowable rent — for example, more than your lease states, or more than the legal rent-stabilized amount — this is a complete or partial defense. The Petition must state the correct legal rent.
Rent Already Paid
If you have receipts, money order stubs, bank records, or other evidence that you paid the rent the landlord claims is owed, this is a full defense. Bring every piece of documentation to court.
Improper Notice or Service
A landlord must serve a legally compliant rent demand before filing a nonpayment case, and the petition must be served properly. If required notices were defective or improperly served, the case may be dismissed.
Good Cause Eviction Law (for holdover cases)
As of April 20, 2024, New York’s Good Cause Eviction Law (L. 2024, ch. 56) provides new protections for many unregulated tenants in buildings built before 2009. Covered tenants cannot be evicted without “good cause,” and landlords cannot impose rent increases above a set threshold (currently the lower of 10%, or 5% plus the Consumer Price Index) without proving reasonableness in court. Exceptions exist for small landlords (10 or fewer units statewide) and high-rent apartments. Ask a legal aid attorney whether this law protects you.
Counterclaims
You may also raise counterclaims against your landlord — for example, if the landlord interfered with your quiet enjoyment, failed to return a security deposit, or took retaliatory action. A legal aid attorney can evaluate whether counterclaims are appropriate in your case.
Step 7: Understand What Happens After Your Court Date
At your first court date (the “return date”), several things can happen:
- Settlement: You and your landlord agree to a stipulation — a written agreement to, for example, pay the arrears on a schedule in exchange for the case being dismissed. Read any stipulation carefully before signing; it is a binding court order.
- Adjournment: The case is rescheduled, often to allow you time to get an attorney or for both sides to gather evidence.
- Trial: If no settlement is reached, the case goes to trial before a judge.
- Default judgment: If you do not appear, the landlord can get an automatic judgment against you.
If a judgment is entered against you, the eviction process is not immediate. The landlord must obtain a Warrant of Eviction from the court, and then a NYC Marshal must serve you with a 14-day Notice of Eviction before the marshal can carry out the eviction. That 14-day window is a critical time to seek emergency legal help, pay arrears, or seek a stay of eviction from the court.
Where to Get Help: Free Legal Resources
The Legal Aid Society — Citywide Housing Practice
The Legal Aid Society represents low-income New Yorkers in Housing Court eviction defense, HP (repair) proceedings, and other housing matters. Intake happens through the Right to Counsel program at your first court date, but you can also call borough offices:
- Manhattan: 212-426-3000
- Brooklyn: 718-722-3100
- Bronx: 718-991-4600
- Queens: 718-286-2450
- Staten Island: 347-422-5333
Website: legalaidnyc.org/get-help/housing-problems
Legal Services NYC
Legal Services NYC provides free civil legal assistance in housing, benefits, family law, and more for income-eligible New Yorkers. For housing matters, call 917-661-4500, Monday–Friday, 9:30 a.m.–4:00 p.m. They serve callers in any language.
Website: legalservicesnyc.org
New York Legal Assistance Group (NYLAG)
NYLAG represents tenants in Housing Court and provides eviction defense services. Contact: (212) 946-0353 or email phreferrals@nylag.org
Website: nylag.org/tenants-rights
Right to Counsel NYC Hotline
For free referral to a legal service organization in your neighborhood: 718-557-1379 or visit evictionfreenyc.org
NYC Housing Court Help Centers
Free walk-in assistance at every Housing Court, Monday–Friday, 9:30 a.m.–5:00 p.m. No appointment needed. Help Center staff can explain procedures, review your papers, and help you complete forms — but they cannot give legal advice or represent you.
Website: nycourts.gov — Walk-In Services at the Help Center
Frequently Asked Questions
How long does the NYC eviction process take?
From the time eviction papers are served to an actual physical eviction typically takes several months at minimum, especially when a tenant actively responds and attends court dates. The legal process involves court appearances, potential adjournments, trial, obtaining a warrant, and a mandatory 14-day marshal’s notice before eviction can occur. Having an attorney can extend this timeline significantly while defenses are pursued.
Can I be evicted if I don’t speak English?
No. NYC Housing Court provides interpretation services. You have the right to a court interpreter at no charge. Inform the clerk that you need an interpreter when you arrive. Legal aid organizations, including Legal Services NYC, serve clients in any language.
What if I can’t pay all the rent I owe — can I still fight the eviction?
Yes. Even if you acknowledge owing some rent, you may be entitled to a rent abatement (reduction) if your apartment has habitability issues, which can lower the amount the court finds you owe. A stipulation (settlement) may also allow you to pay arrears over time. An attorney can negotiate these outcomes. Never sign a stipulation without understanding what you are agreeing to.
What is a “marshal’s notice” and how much time does it give me?
A marshal’s notice (officially a Notice of Eviction) is the final warning before physical eviction. Under New York law, a NYC Marshal must serve you with this notice and give you at least 14 days before carrying out an eviction. If you receive this notice, contact a legal aid organization immediately — the Right to Counsel hotline (718-557-1379) or Legal Aid Society. Emergency legal help may be able to stop or delay the eviction.
I missed my court date. Can I still stop the eviction?
Possibly, but you need to act fast. If a default judgment was entered against you, you can file an Order to Show Cause asking the court to vacate (cancel) the default judgment. Courts will consider whether you had a good excuse for missing the date and whether you have a valid defense. Go to the Housing Court Help Center for your borough immediately and explain the situation. A legal aid attorney can file an Order to Show Cause on your behalf.
Legal Disclaimer: This is general legal information, not legal advice. Laws change frequently. Contact an attorney for advice about your specific situation.
Related Resources on HelpNewYork
- NYC HP Proceedings: How to Sue Your Landlord for Repairs in Housing Court
- CityFHEPS: NYC’s Rental Voucher That Can Stop an Eviction
