How to Delay an Eviction in New York

Here's what you can do to postpone your eviction, or maybe stop it altogether.

By , Attorney (University of Idaho College of Law)

In New York, you can be evicted for a number of different reasons, including not paying rent or violating your lease. However, there may be a few things you can do to postpone the eviction, or perhaps even stop it altogether.

Understanding Your Eviction Notice

If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In New York, you could receive one of three types of eviction notices, depending on the reason for the eviction:

  • Failure to pay rent: Fourteen-day notice to pay rent or quit. With this notice, you have 14 days to pay rent or move out of the rental unit (see N.Y. Real Prop. Acts § 711(2)).
  • Notice of Termination: Tenants occupying for a year or having a lease of at least one year: 30 days' notice. Tenants occupying from one to two years and lease holders of one to two year leases: 60 days' notice. Tenants occupying more than two years or having leases of two years or more: 90 days' notice.
  • Cure or quit: You will likely receive this notice after receiving a notice to cure, which gives you ten days to fix a lease violation.30 days to move out of the rental unit (see the booklet New York City Landlords and Owners, page 8, published by the New York City housing court). (See N.Y. Real Prop. Law § 232-a.)

It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.

Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.

For more information on the eviction process in New York, see The Eviction Process in New York. Note that eviction laws and rules may be different depending on whether your rental unit is located within New York City or outside the city, and whether the property is rent regulated or not. For further information or questions, contact a lawyer or a landlord trade group such as the Rent Stabilization Association of New York City. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.

If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before filing.

Talk to Your Landlord

If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can't come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.

If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.

Comply With the Eviction Notice, If Possible

If you are being evicted for not paying rent, then your eviction notice will let you know how much you owe and when it is due to the landlord. If you comply with the eviction notice by paying all the rent due and owing, then, in New York, the landlord must not proceed with the eviction (see N.Y. Real Prop. Acts § 711(2)).

If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, your eviction notice for failure to pay rent will state that you have three days to pay rent in full. If you can't pay the rent in full within three days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.

Attend the Eviction Hearing

If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. It is important that you read through this paperwork very carefully. It will have instructions in it regarding what your next steps are. You might be required to file certain paperwork, such as an answer, before attending a scheduled hearing before a judge. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord not maintaining the rental unit. In New York, a rental unit is required to have working heat and running water, among other things. If the landlord fails to maintain the rental unit, then you might be able to use this as a defense against the eviction (see N.Y. Real Prop. Law §§ 235 and 235-b). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in New York. You should also contact a lawyer to ensure you are using the best defenses available to you.

A hearing will also be scheduled before a judge. You must attend this hearing. At the hearing, the judge will consider both sides of the argument and make a decision regarding the eviction.

Even if you don't have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.

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