How to Respond to an Eviction Notice in New York
Getting served is frightening, and the clock is real. But the single most common reason tenants lose is the simplest one: they never respond, so the court rules against them automatically. You are not there yet. In New York you can still answer, get a hearing, and tell your side. Here is the order to do it in — and the one step you should not put off.
⚠️ Confirm your deadline with your court before you rely on any date — including ours.
Eviction dates are short and are counted differently depending on how you were served and your local court's rules. This is self-help information, not legal advice, and DepositHawk is not a law firm. If you can, contact free local legal aid or the Legal Services Corporation today.
Want this laid out for your case, step by step?
The Eviction Response Kit walks you through your New York deadline (as a reference to confirm with your court), the filing steps, and a link to your court's own official form — so you can respond the same day. It is self-help information and tools, not legal advice, and we never file for you.
See the New York Eviction Response Kit•The Clock
Your Response Window in New York
In New York, a tenant generally has 10 calendar days (every day counts) to respond to an eviction after service of the notice of petition and petition (NONPAYMENT proceeding). Treat that as a general guide, not your personal countdown — service method and local rules can change it.
The clock generally starts from service of the notice of petition and petition (NONPAYMENT proceeding). We show this window so you understand roughly how much time you have — but it is a general guide, not a countdown to bet your home on. Read your own papers and call the court to pin down the exact date.
Why you have to verify: NEW YORK SPLITS BY CASE TYPE — the 10 here is for a NONPAYMENT proceeding. Under RPAPL § 732 (amended by the HSTPA from 5 to 10 days) the notice of petition is returnable within 10 days of service, the tenant must answer within 10 DAYS of service, and failure to answer in 10 days lets the judge enter a default judgment. The answer may be made ORALLY to the clerk or in writing. HOLDOVER proceedings work DIFFERENTLY: there is no fixed 'answer in N days' — instead RPAPL § 733 requires the notice of petition and petition to be served 10–17 days before the return/hearing date, and the tenant generally appears/answers ON the date stated in the notice of petition. NYC Housing Court practice can differ from courts outside NYC. Because the operative date depends on case type, locality, and the date printed on the notice of petition, this is REFERENCE data only — the user MUST read the return date on their petition and confirm with the court clerk.
Sources: RPAPL § 732 (nonpayment — answer within 10 days); RPAPL § 733 (holdover — petition returnable 10–17 days); NY Courts: Tenant's Guide — Nonpayment Eviction Case
•The Notice
The Notice You Received — What It Usually Means in New York
A landlord usually has to serve a written notice before filing in court. The type of notice and the time it gives you depend on why they are evicting. These are the common New York notices — for your information, not advice on your specific case.
14-Day Notice (Rent Demand)(14 calendar days (every day counts))
A written demand for unpaid rent that the landlord must serve before starting a nonpayment summary proceeding. The tenant can pay the full rent demanded within 14 days to stop the case.
30-Day Notice of Termination / Non-Renewal(30 calendar days (every day counts))
Ends a month-to-month or expiring tenancy where the tenant has occupied the unit less than 1 year (and had a lease shorter than 1 year). Required before a holdover proceeding.
60-Day Notice of Termination / Non-Renewal(60 calendar days (every day counts))
Ends a tenancy where the tenant has occupied the unit 1 year or more but less than 2 years (or has a lease of at least 1 but less than 2 years).
90-Day Notice of Termination / Non-Renewal(90 calendar days (every day counts))
Ends a tenancy where the tenant has occupied the unit 2 years or more (or has a lease term of at least 2 years).
•The Response
Filing Your Response in New York, Step by Step
- Read your court papers carefully. Find the court name, your case number, and the date you must respond by or appear. In New York, eviction cases are heard in the Housing Part of NYC Civil Court (in New York City); District, City, Town or Village Court (outside NYC).
- Call the clerk and confirm your deadline today. Confirm the exact date and ask the clerk how they want your response submitted. This is the single most important step — do not put it off, because the rest only matters if you make the deadline.
- File your answer either in writing or orally, in person to the clerk. New York does not have a single statewide answer form. Respond either in writing or orally, in person to the clerk to the court that issued your papers, and ask the clerk exactly how they accept it.
- Keep proof that you filed. Get a stamped copy or a clerk's confirmation, and keep one for yourself. If you mail or e-file anything, save the confirmation. Proof that you responded on time is what protects you from losing by default.
•The Form
Where to Get the Official Answer in New York
New York does not publish a single statewide eviction answer form; the tenant responds either in writing or orally, in person to the clerk to the Housing Part of NYC Civil Court (in New York City); District, City, Town or Village Court (outside NYC) that issued the papers.
We send you to the court's own source rather than drafting a court document for you — your facts and your decisions stay yours. Open the official page below, then file with the Housing Part of NYC Civil Court (in New York City); District, City, Town or Village Court (outside NYC).
Open the official New York court page →Fighting your landlord over a withheld deposit too? How to take your New York landlord to small claims court →
Need a lawyer instead of self-help? Find free local legal aid at LawHelp.org →
●Frequently Asked Questions
Frequently Asked Questions
How long do I have to respond to an eviction notice in New York?
In New York you generally have 10 calendar days (every day counts) to respond after service of the notice of petition and petition (NONPAYMENT proceeding), under RPAPL § 732 (nonpayment — answer within 10 days). That is a general guide, not your personal countdown: how you were served, weekends, court holidays, and local rules all change the real date. Confirm it with the court named on your papers before you rely on it.
Which court handles my eviction in New York?
In New York, eviction cases are heard in the Housing Part of NYC Civil Court (in New York City); District, City, Town or Village Court (outside NYC). The court name and your case number are printed on the papers you were served — that is the court whose clerk you call to confirm your deadline and ask how to file your response.
Is there an official form to answer an eviction in New York?
New York does not publish a single statewide answer form. You respond either in writing or orally to the clerk at the court that issued your papers — ask the clerk exactly how they accept it.
What happens if I do nothing after being served?
Doing nothing is the most common way tenants lose. If you do not respond or appear by your deadline, the court can rule against you by default — meaning the landlord wins automatically, without you ever telling your side. Responding on time turns an automatic loss into a hearing where a judge actually hears you out.
Can DepositHawk give me legal advice or file my response for me?
No. DepositHawk is a self-help publisher, not a law firm. We explain the general process and point you to your court's own form, but we do not tell you which defense your case should raise, fill out your court papers, or file or appear for you. For advice on your specific situation, contact free legal aid at LawHelp.org or the Legal Services Corporation — and confirm every date with your court.
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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.