At risk of eviction or facing harassment from your landlord? This guide provides a step-by-step overview of what tenants should do if they receive an eviction notice, experience illegal lockouts, or live in unsafe conditions in New York City.
This information is not a substitute for legal advice from a qualified attorney or accredited representative. The content was last updated January 2026.
What does an eviction notice mean?
If you get a notice that your landlord is taking you to NYC Housing Court, it’s among the first steps your landlord takes to try to remove you. You do not have to move out right away.
There are different types of eviction notices and forms.
- Notice of Petition + Petition: The Notice of Petition is the legal document that informs you that your landlord is taking you to Housing Court. A petition outlines the reasons why the landlord is taking you to Housing Court to start an eviction. This will have all of the information about the amount of rent missing and your lease agreement terms.
- Warrant of Eviction: This is the judge’s ruling that authorizes a City Marshal or the NYC Sheriff’s Office to remove you from your home. The warrant is only issued by the Housing Court.
- Notice of Eviction: This will include the earliest date that the marshal or sheriff will come to your apartment to evict you.
- Non-Payment Eviction: Your landlord is taking you to Housing Court because they say you owe rent.
- Holdover Eviction: Your landlord is trying to evict you for reasons other than unpaid rent. This could be because your lease ended or they say you broke a rule.
Your landlord will post a notice before filing an actual lawsuit that explains what the problem is. So, if you have received a Notice of Petition, you should focus on fixing the problem while you still have time.
For example, if it’s a non-payment notice, it could say how much rent you owe and give you at least 14 days to pay before the landlord can take you to court. If you fix the issue in time, you may be able to stop the eviction. Always attend your court appearances and bring documentation.
If you received a Notice of Eviction, then the judge has already decided that you have to leave your home. You can check if your eviction has been scheduled by calling the City Marshal’s office. The phone number is usually listed on the notice.
Know your rights with your landlord
Your landlord cannot force you out without going through the court. It is illegal for a landlord to:
- Change your locks
- Shut off your heat, water, or electricity
- Remove your belongings from your home
- Threaten, harass, or pressure you to leave
Only a court can order an eviction, and only a marshal or sheriff can carry it out. Not landlords.
Steps to stop an eviction
You do not have to move out if a judge has not yet ordered you to leave.
If you get an eviction notice or court papers delivered by mail or handed to you by a person other than the landlord, do not ignore them:
- Go to court to answer by the deadline listed on the Notice of Petition.
- File a request called an Order to Show Cause to stop the eviction. You can explain in the request why you should not be removed. Be aware though, that having a judge sign a Order to Show Cause will not always stop an eviction.
- Remember to bring a photo ID and a copy of the notice.
If the judge signs your request for an Order to Show Cause, you must then deliver copies of the papers to the parties, including your landlord or their lawyers, and to the marshals. Then, you must go back to court on your hearing date and bring proof that you delivered the papers correctly.
If you don’t go to a hearing on time, you will automatically lose the case. Once the landlord has obtained a judgment from the court, they can ask the judge for permission to collect the money you owe. With the judge’s permission, the landlord can even take money from your paycheck or bank account.
Bring all your documents to court: the notice, rent receipts, or anything that shows you’ve paid rent or followed the rules. If you can pay what’s owed (or show proof you can), it may help you defend the case. Bring proof of payments and be ready to discuss a payment plan.
Getting help with Housing Court
You can contact free legal aid services or a private lawyer to help you understand your rights.
If you’ve already been evicted and think it was done unfairly:
- If you believe you were wrongfully evicted by a marshal based on a court order or judgment, you can ask the court to let you move back in. This is called a request to be restored to possession. You should go to the Housing Court as soon as possible to make this request.
- If your landlord locked you out without a court case or eviction warrant, that is an illegal lockout. You can also ask the court to let you back in, but in that case, you must start a new case against your landlord.
Legal resources you can consider
New York City Tenant Resource Portal
This is a helpful online tool created by the Mayor’s Office. It asks you a few simple questions and then shows you what help is available, including legal aid, city programs, and community organizations. Learn more here.
311 Tenant Helpline
Call 311 and ask for the Tenant Helpline to speak with a trained city specialist. They can help you understand your rights and connect you with housing support in your language. Learn more here.
Right to Counsel
If you’re facing eviction in Housing Court or NYCHA, you may qualify for free legal representation, no matter your immigration status. Call 311 and ask for Right to Counsel to be connected. Learn more here.
Eviction Free NYC
This group fights for stronger renter protections and connects low-income tenants with free eviction lawyers and is maintained by the Right to Counsel NYC Coalition. Learn more here.
Law Help NY
A website that helps you learn about your legal rights and how the court works. You can also find court forms and look up free or low-cost legal services:
- Legal rights and options on many topics such as family, housing, and consumer law
- Self-help information, including court forms and how the court system works
- Free or low-cost legal services, if your work does not pay you enough to afford a lawyer
One Shot Deal
If you’re behind on rent or bills because of job loss or an emergency, you may qualify for one-time financial assistance from the city. Learn more here.
