For more than three decades, the Law Offices of Gary J. Wachtel have represented tenants and landlords throughout Manhattan, Brooklyn, the Bronx, Queens, and Staten Island. Below are the things we most want New York City renters to understand about their rights, the eviction process, and how a tenant lawyer changes the outcome, so that if a dispute ever begins, you already know where you stand.
1. A Landlord Cannot Evict You Without Going to Court
The single most important thing to know is that in New York, no landlord can remove a tenant on their own. Every residential eviction has to go through the courts, in the housing part of the New York City Civil Court.
Self-Help Evictions Are Illegal
Changing the locks, removing a tenant’s belongings, or shutting off heat, hot water, or electricity to force a tenant out is called a “self-help” eviction, and it is illegal in New York. A tenant who has been locked out can ask the court to be put back in the apartment, often quickly, and may be able to recover money for the disruption.
Only a Marshal Can Carry Out an Eviction
Even after a landlord wins a case, removal is not immediate. The court has to issue a warrant of eviction, and a New York City marshal, not the landlord, must give the tenant a final 14-day written notice to move out before actually carrying it out. That structure exists to give tenants a clear, final window to act.
2. The Notice You Receive Determines Everything
Before most eviction cases can even begin, the law requires the landlord to send a specific written notice, and the type of case decides which one applies. A notice with the wrong amount, the wrong dates, or that was not delivered properly is often a complete defense on its own.
If the Case Is About Unpaid Rent
For unpaid rent, a landlord first has to serve a written demand giving the tenant 14 days to pay before a nonpayment case can be filed. If that demand is defective, the case built on it often cannot stand.
If the Landlord Is Ending the Tenancy
To end a month-to-month tenancy, New York law requires advance written notice based on how long the tenant has lived there: 30 days for less than a year, 60 days after one to two years, and 90 days after more than two years. Checking that notice for mistakes is one of the first things we do for a tenant.
3. Rent-Stabilized Tenants Have Added Protections
Roughly one million apartments in New York City are rent-stabilized, and those tenants have protections that market-rate renters do not, including limits on how much the rent can go up and the right to renew their lease.
Recent Law Strengthened Tenant Rights
New York’s 2019 tenant-protection law tightened the rules on rent increases, security deposits, and how overcharges are handled. A rent-stabilized tenant generally cannot be denied a renewal except on specific legal grounds.
Making Sure Your Apartment Is Really Stabilized
Landlords sometimes treat an apartment as unregulated when it is not, to the tenant’s disadvantage. Figuring out an apartment’s true status is often the first and most valuable step a tenant lawyer takes.
4. New York’s “Good Cause” Law Now Protects Many More Renters
New York’s Good Cause Eviction law, passed in 2024, extended important protections to many renters who previously had none. New York City has adopted it, so a large number of market-rate tenants now have a defense against being pushed out without a legitimate reason and against unreasonable rent increases.
Whether It Covers You Depends on the Details
The law has exceptions, such as certain small owner-occupied buildings, newer construction, and higher-rent apartments. Whether it applies to a specific apartment is a detailed question, and getting the answer right early can decide how a case unfolds.
5. Every Tenant Is Entitled to a Livable Home
Under what New York calls the “warranty of habitability,” every renter has a legal right to a livable home, and that right can be enforced in court.
What Counts as a Problem
No heat or hot water, persistent leaks, mold, or a pest infestation can all violate that right. Keeping a record of the condition and of when the landlord was told about it is what turns a complaint into an enforceable claim.
What a Tenant Can Do About It
A tenant can bring a case in Housing Court to force the landlord to make repairs, and in some situations can get a portion of the rent back for the time a serious problem went unfixed.
6. The Best Time to Involve a Lawyer Is Early
Many tenants wait until the day before a court date to get help, and by then the options have narrowed. Bringing in a tenant lawyer as soon as a notice arrives protects every deadline and defense, makes sure the landlord’s paperwork is checked for mistakes, and opens the door to working out a solution before both sides dig in.
Whether the goal is to stay, to buy some time, or to negotiate a fair move-out, getting advice early consistently leads to better outcomes than a last-minute scramble.
Speak With a New York City Tenant Lawyer
New York’s landlord-tenant law changes constantly and is full of complicated rules and deadlines, which is exactly why experience matters. As a New York City landlord-tenant attorney that renters and property owners have relied on for over 35 years, Gary J. Wachtel understands both the law and how the local housing courts actually work, and puts that to work protecting your rights. If you have received a notice, are facing an eviction, or simply want to understand where you stand, reach out to Gary J. Wachtel today.
Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every situation is different — for guidance on your specific circumstances, consult a qualified attorney. To discuss your situation, contact the Law Offices of Gary J. Wachtel.
