🏠 Housing & Rent

Eviction

Also called: Dispossess

What it means

A court process a landlord uses to remove a tenant. In New York, a landlord has to file papers in court, serve the tenant, and get a judge's order before anyone can be physically removed. The sheriff or a city marshal is the only one who can carry out the removal — never the landlord directly. Self-help lockouts are illegal and a tenant can sue a landlord who does one. There are two main kinds of eviction: nonpayment (for unpaid rent) and holdover (for everything else, like a lease ending).

When you might hear this

You hear this when a landlord is trying to force a tenant out. It is a court process. A landlord cannot just change the locks or move a tenant's things out — that is illegal. Every eviction in New York has to go through housing court first.

What to ask

  • Has the landlord actually filed in court, or only sent a notice?
  • Is this a nonpayment case or a holdover?
  • When is the court date?
  • Can I get a free lawyer for housing court?
  • What happens if I pay everything I owe — does the case end?
Source
NY RPAPL Article 7 (Summary Proceedings) — Read the law
Checked: 2026-04-15
This is for understanding only. It is not legal advice. If you are in a case, talk to a lawyer.