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Got a New York eviction notice or a landlord problem? You probably have more time and more rights than that paper makes you think.

If you're staring at a 14-day rent demand, a 30/60/90-day notice, or a landlord keeping your deposit, don't panic and don't move out yet. In New York, eviction is a court process under RPAPL Article 7 — a scary notice is not a court order, and a marshal or sheriff cannot put you out without a judge's warrant. The same goes for a withheld deposit, a no-heat apartment, or a small-claims dispute: you have specific deadlines and specific defenses. Call 1-844-690-0555 now — free, 24/7 — and our AI assistant trained on New York and federal law will walk you through exactly what that paper means and what to do next. It's legal information, not legal advice.

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Civil & Housing in New York — what to do right now

Read the notice and find the deadline — then do NOT ignore it and do NOT abandon the apartment. If it's a 14-day rent demand, you have not been sued yet; if a nonpayment petition has been served on you, you generally have 10 days to answer in NYC Housing Court — and you can answer in writing or in person at the clerk's counter. Showing up is what protects you. If your security deposit is being withheld, the landlord had only 14 days after you moved out to return it with an itemized statement — and if they missed that deadline, they forfeit the right to keep any of it. Call 1-844-690-0555 free, 24/7, and we'll pinpoint your deadline and your next move before you lose a right by default.


The law in New York: Civil & Housing

Almost every New York landlord-tenant fight runs through RPAPL Article 7 (sections 701–768), the 'summary proceeding' statute. A landlord cannot legally change your locks, shut your utilities, or throw your things on the curb — self-help eviction is unlawful. In New York City, locking out or forcing out a tenant who has lived in a unit 30+ days is barred by the Unlawful Eviction Law (NYC Admin. Code §26-521), and a tenant forced out unlawfully can also sue for treble (triple) damages under RPAPL §853. To remove you, the landlord must serve a written 14-day rent demand (RPAPL §711 for nonpayment), file a Notice of Petition and Petition, serve it properly under RPAPL §735, and win in court. In New York City those cases are heard in Housing Court (the Housing Part of the Civil Court of the City of New York); outside the city they go to City Courts or the local Town and Village 'justice' courts.

New York's tenant protections are among the strongest in the country. RPL §235-b gives every tenant a non-waivable Warranty of Habitability — no heat, no hot water, leaks, mold, or vermin can entitle you to a rent abatement. RPL §226-c requires 30, 60, or 90 days' advance written notice before a landlord can refuse to renew or raise the rent 5% or more, depending on how long you've lived there. Since the 2019 HSTPA, security deposits are capped at one month's rent under GOL §7-108, and the 2024 Good Cause Eviction law (RPL Art. 6-A) limits evictions to enumerated grounds and caps annual increases at the lesser of CPI+5% or 10% — automatic in NYC and opt-in for other municipalities. Agencies like DHCR (rent regulation) and NYC's HPD (the Housing Maintenance Code, via 311) enforce much of this outside the courtroom.

Beyond housing, 'civil' covers the money disputes that fill New York courts. Small claims let you sue without a lawyer for modest sums — but the cap is tiered: $10,000 in NYC Civil Court, $5,000 in city courts, and only $3,000 in Town and Village courts, so the same dispute may or may not fit depending on where you live. Larger contract claims (six-year limit under CPLR §213) and personal-injury cases go to higher courts — NYC Civil Court hears money claims up to $50,000, and the Supreme Court (despite its name, New York's general trial court) handles anything bigger. Consumer rip-offs are governed by GBL §349, which lets you recover your actual damages or $50, whichever is greater, with treble damages up to $1,000 for a willful violation plus possible attorney's fees; false-advertising claims under GBL §350 carry an even higher $500-or-actual floor and treble damages up to $10,000.

Deadlines decide injury cases before the facts ever do. You generally have 3 years to sue for personal injury (CPLR §214(5)), 2.5 years for medical malpractice (CPLR §214-a), and 2 years for wrongful death (EPTL §5-4.1). But if your injury involves the City, a county, a school district, or a public authority — a sidewalk trip, a pothole, an MTA bus or subway crash — General Municipal Law §50-e gives you just 90 days to serve a sworn Notice of Claim, and §50-i sets a hard outer limit of one year and 90 days to sue. New York also follows pure comparative negligence (CPLR §1411): even if you were partly at fault, you can still recover, just reduced by your percentage of fault.

Key Statutes

  • RPAPL Article 7 (§§701–768) — the entire summary eviction process; eviction is a court process, never self-help
  • RPL §235-b — non-waivable Warranty of Habitability (heat, hot water, repairs); remedy is a rent abatement
  • GOL §7-108 — security deposit capped at one month; itemized statement + balance due within 14 days of move-out
  • RPL §226-c — 30/60/90-day advance notice for non-renewal or a rent hike of 5%+
  • Good Cause Eviction, RPL Art. 6-A — caps annual increases at CPI+5% or 10% (whichever is lower); automatic in NYC, opt-in elsewhere

Courts & Agencies

  • NYC Housing Court (Civil Court, Housing Part) — all NYC residential nonpayment & holdover cases
  • City / Town & Village ('justice') Courts — evictions and small claims outside NYC
  • Small Claims Parts — tiered caps: $10,000 NYC / $5,000 city / $3,000 town-village
  • DHCR & NYC HPD — rent regulation, Good Cause, and Housing Maintenance Code repair complaints (311)
  • NY Supreme Court — the general trial court for personal injury and larger money claims

Penalties & Deadlines

  • 14-day written rent demand (RPAPL §711) before a nonpayment case can even be filed
  • 10 days to answer (in writing or orally with the clerk) an NYC nonpayment petition once served (RPAPL §732)
  • 14-day marshal/sheriff eviction notice before a warrant is executed (RPAPL §749) — and you can pay to stay until then
  • 90-day Notice of Claim before suing a municipality (GML §50-e); one year + 90 days to file suit (GML §50-i)
  • 3 yrs personal injury, 2.5 yrs med-mal, 2 yrs wrongful death; GBL §349 treble damages up to $1,000

In New York you can usually pay your way out of a nonpayment eviction right up to the last minute — but only if you don't run first

Here's the New York rule that blindsides people: in a nonpayment case, RPAPL §749 lets you stop the eviction by tendering the full rent owed at any time before the marshal or sheriff physically executes the warrant — even after a judgment, even after the 14-day eviction notice — unless the court finds you withheld the rent in bad faith. Most states cut this 'pay-and-stay' right off far earlier. And in NYC, income-eligible tenants in Housing Court are entitled to a free lawyer under the Right to Counsel — regardless of immigration status — and the city's Office of Civil Justice reported that about 89% of tenants who got full representation in FY2024 stayed stably housed. So the worst thing you can do is panic and move out because a notice scared you. Call 1-844-690-0555 first, free and 24/7, and we'll explain exactly how the deadline works before you give up a right you didn't know you had.


Likely outcomes & penalties

Every New York civil and housing matter turns on its own facts, but here's the realistic range of what's at stake under current law — so you know why acting before the deadline matters.
Eviction stopped by pay-and-stay
Under RPAPL §749, tendering the full arrears any time before the marshal or sheriff executes the warrant vacates it and keeps you housed — even post-judgment — unless the court finds bad-faith withholding. Income-eligible NYC tenants can also get a free Right-to-Counsel lawyer to fight the case.
Withheld security deposit
Deposits are capped at one month's rent (GOL §7-108). Miss the 14-day itemized-statement deadline and the landlord forfeits the right to keep any of it; in a dispute the landlord bears the burden of proving every deduction was reasonable.
No heat / bad conditions
A Warranty of Habitability breach (RPL §235-b) means a rent abatement with no statutory cap — courts have ordered substantial abatements, even up to 100%, for severe, prolonged conditions, on top of repair orders enforced through NYC's HPD.
Small claims & consumer
Sue without a lawyer up to $10,000 (NYC) / $5,000 (city) / $3,000 (town-village); money judgments accrue 9% statutory interest and stay enforceable for 20 years. Deceptive-business claims under GBL §349 add treble damages up to $1,000 plus possible attorney's fees.

Mistakes to avoid

⚠️
Moving out the day a notice arrives — a 14-day rent demand or a 30/60/90-day notice is not a court order, and in New York you can often stay and even pay your way out of a nonpayment case under RPAPL §749 right up until the marshal or sheriff executes the warrant.
⚠️
Ignoring a Housing Court nonpayment petition once you're served — you generally have only 10 days to answer (in writing or in person with the clerk) in NYC, and failing to answer or appear can hand the landlord a default judgment against you.
⚠️
Letting the 90-day Notice of Claim deadline pass after a slip-and-fall on a NYC sidewalk, a pothole, or a city bus — GML §50-e bars the claim even though you'd otherwise have 3 years, and this trap quietly destroys valid injury cases.
⚠️
Assuming your security deposit is just gone — under GOL §7-108 the landlord had 14 days after move-out to return it with an itemized statement, and missing that deadline forfeits their right to keep a dollar of it.
⚠️
Withholding rent on your own to protest no heat or repairs without documenting the conditions or knowing the habitability rules — do it wrong and you hand the landlord a nonpayment case instead of asserting your RPL §235-b abatement properly.

How it works

1
Call 1-844-690-0555 — free, 24/7. No income test, no web form, no waiting for business hours. An eviction notice doesn't keep office hours and neither do we. Call from anywhere in New York — Manhattan to Buffalo, Rochester to Long Island — in your language, including Spanish.
2
Talk to an AI assistant trained on New York + federal law. Read the notice aloud or describe your situation. The assistant explains your deadline, which court you're in, and your options under New York law — RPAPL eviction rules, GOL §7-108 deposits, RPL §235-b habitability, small claims, injury timelines. This is legal information, not legal advice, and it creates no attorney-client relationship.
3
Get matched with a New York Civil & Housing attorney if you want one. If your matter needs a lawyer, we can help arrange a paid consultation with a New York-licensed attorney (a separate paid step). We'll also point you to free options like NYC's Right to Counsel and legal-aid orgs when you qualify. Legal Hotline is not a law firm and not a public defender.

Free & low-cost Civil & Housing help in New York

Many New York civil and housing problems can be handled for free, and some NYC tenants have a legal right to a free lawyer. These are real, verified organizations — start here, and call us first if you're not sure where you fit.

Respond to an eviction notice and connect to free Right-to-Counsel representation by ZIP code — the front door to NYC's tenant-lawyer guarantee.
Hotline (212) 962-4795 / (718) 557-1379 and info tables in NYC Housing Courts — plain-language help with nonpayment cases, ERAP, and rent arrears.
Citywide eviction defense with borough offices (Manhattan 212-426-3000, Brooklyn 718-722-3100, Bronx 718-991-4600, Queens 718-286-2450, Staten Island 347-422-5333).
Statewide free directory and self-help portal — find free legal help by ZIP code and problem (housing, debt, consumer, benefits), a solid first stop for self-represented New Yorkers anywhere in the state.
Free civil legal help with eviction, deposits, and habitability across upstate and western New York, including the Rochester region and the Southern Tier.
The official state court self-help portal — DIY court forms, plain-language guides, and CourtHelp Centers for people without lawyers, including small claims and landlord-tenant.
File habitability, harassment, and deceptive-business (GBL §349) complaints, and find tenant and code-enforcement resources statewide.

FAQ — Civil & Housing in New York

I got a 14-day notice to pay rent — am I being evicted right now?

No. A 14-day rent demand under RPAPL §711 is the warning shot, not the eviction — your landlord can't even file a nonpayment case until those 14 days pass, and a judge has to rule before anyone is removed. You have time to act, but ignoring it is how people lose by default. Call 1-844-690-0555 free, 24/7, and we'll explain exactly where you are in the process.

How many days do I have to answer an eviction case in New York?

In an NYC nonpayment proceeding you generally have 10 days to answer once you've been served (RPAPL §732), and you can answer either in writing or in person at the clerk's counter. Missing the answer or not showing up can mean a default judgment and eviction. The exact clock can vary by court and case type — call 1-844-690-0555 and we'll help you pin it down.

Can I really stop an eviction by paying the rent I owe?

In a nonpayment case, usually yes — RPAPL §749 lets you tender the full amount owed and have the warrant vacated at any time before the marshal or sheriff physically executes it, even after judgment, unless the court finds you withheld in bad faith. This New York 'pay-and-stay' right is stronger than in most states. Don't assume it's too late. Call 1-844-690-0555 free, 24/7, and we'll explain how it works for your situation.

My landlord won't return my security deposit. What can I do?

In New York, deposits are capped at one month's rent, and under GOL §7-108 the landlord must return the balance with an itemized statement within 14 days of your moving out. Miss that deadline and they forfeit the right to keep any of it — and in a dispute the landlord, not you, has to prove every deduction was reasonable. Call 1-844-690-0555 and we'll walk you through getting it back, possibly via small claims.

There's no heat or hot water in my apartment — do I still owe full rent?

New York's Warranty of Habitability (RPL §235-b) is non-waivable, and a serious breach like no heat can entitle you to a rent abatement — courts have ordered anywhere from a percentage to 100% for severe, prolonged conditions. But document everything and don't just stop paying blindly. In NYC you can also file a complaint with HPD via 311. Call 1-844-690-0555 free, 24/7, to understand your options first.

How much can I sue for in small claims court in New York?

It depends where you are: the cap is $10,000 in NYC Civil Court, $5,000 in city courts, and only $3,000 in Town and Village courts. You don't need a lawyer — small claims is built for self-represented people — but the other side may bring one. Call 1-844-690-0555 and we'll help you figure out whether your dispute fits and which court to use.

Do I need a lawyer to file a small claims case in New York?

No — small claims parts are designed for ordinary people to handle their own cases with relaxed rules, and many New Yorkers win without one. That said, knowing how to present evidence and what you can actually recover makes a real difference. Call 1-844-690-0555 free, 24/7, and our AI assistant trained on New York law will walk you through preparing your case. It's information, not advice.

I tripped on a NYC sidewalk and got hurt — how long do I have to sue?

Be careful: even though New York's personal-injury deadline is normally 3 years (CPLR §214(5)), suing the City, a county, or a public authority like the MTA requires a sworn Notice of Claim within just 90 days under GML §50-e, with a hard outer limit of one year and 90 days to sue. This trap destroys otherwise-valid claims. Call 1-844-690-0555 immediately so you don't run out of time.

My landlord changed the locks while I was out. Is that legal?

No. Self-help eviction — changing locks, removing your belongings, or shutting off utilities without a court warrant — is unlawful in New York. In NYC, locking out a tenant who's lived there 30+ days violates the Unlawful Eviction Law (Admin. Code §26-521), and you can sue for treble (triple) damages under RPAPL §853. You may be entitled to get back in and to money damages. Call 1-844-690-0555 free, 24/7, and we'll explain how to respond fast.

My landlord wants to raise my rent a lot or not renew — can they?

Not without notice, and maybe not at all. RPL §226-c requires 30, 60, or 90 days' advance written notice for a non-renewal or a 5%+ increase, depending on how long you've lived there, and the 2024 Good Cause law caps annual increases at the lesser of CPI+5% or 10% where it applies — automatic in NYC, opt-in in other municipalities. Call 1-844-690-0555 and we'll tell you what protections cover your apartment.

Is Legal Hotline a law firm or a public defender?

No. Legal Hotline is not a law firm and not a public defender's office, and calling us does not create an attorney-client relationship. We give you free legal information about your New York situation 24/7, point you to free legal-aid and Right-to-Counsel resources, and — if you want a lawyer — can help arrange a paid consultation with a New York-licensed attorney. Call 1-844-690-0555 to get started.


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Are you a New York-licensed attorney handling landlord-tenant, personal injury, consumer, or general civil matters? We connect New Yorkers who've already spoken with our AI assistant — and who are ready to pay for a consultation — with vetted local counsel across the five boroughs, Long Island, Westchester, and upstate. No cold leads, no spam: just clients who understand their situation and want a New York lawyer. Reach out to learn how to receive referrals in your area.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Don't let a New York deadline decide your case for you

Eviction notices, the 14-day deposit deadline, and that 90-day Notice of Claim don't wait for business hours — and in New York, the difference between keeping your home and losing it can come down to answering on time and knowing your rights. Before you move out, sign anything, or assume it's too late, get the facts. Call 1-844-690-0555 now — free, 24/7, no income test, no web form. Our AI assistant trained on New York and federal law will explain exactly where you stand and what to do next, and can help arrange a paid consultation with a New York attorney if you want one. Legal information, not legal advice — and no attorney-client relationship is created by the call.

Free legal information. Not legal advice.

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