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New Yorkยท Answer

What happens if the New York tenant does not leave after the notice?

Short answer

After the notice period expires and the tenant has not vacated or cured, the landlord files a forcible detainer (or equivalent eviction) petition in the appropriate New York court. The court sets a hearing, usually within 10-21 days. If the landlord prevails, the court issues a judgment for possession, and after any appeal period, a writ of possession allows a sheriff or constable to physically remove the tenant. The notice is a prerequisite; an eviction filed without a valid notice is dismissed.

Source: New York forcible detainer procedure


Honest limits

This is an informational answer based on New York forcible detainer procedure as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a New York-licensed attorney.

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