Can My Landlord Evict Me Without Going to Court? (NYC Tenant Guide – 2025 Update)
If you’re facing eviction, the first thing you need to know is this: your landlord cannot legally evict you without going to court. In New York City, tenants have strong protections — but you need to understand your rights to defend them.
This article breaks down what your landlord can and cannot do, how the legal eviction process works, and what steps you can take if you're being threatened with illegal eviction.
No, Your Landlord Cannot Evict You Without a Court Order
Under New York State law, a landlord must take you to Housing Court and obtain a judge’s order to evict you. Anything short of that is an illegal eviction, also called an unlawful eviction or self-help eviction.
That means your landlord cannot:
Change your locks
Shut off your utilities (heat, water, electricity)
Throw out your belongings
Threaten or harass you to leave
Remove doors or windows
Use force or intimidation to make you move
If they do any of these things, they are breaking the law — and you have the right to take action.
What the Legal Eviction Process Looks Like
Here's how a legal eviction must happen in NYC:
Notice: Your landlord must serve you with a legal notice (like a "14-Day Notice to Pay Rent or Quit" for nonpayment).
Court Case: If you don’t resolve the issue, the landlord must file an eviction case in Housing Court.
Court Papers: You’ll be served with court papers, including a Petition and Notice of Petition.
Answer: You have 10 days to respond by filing an Answer with the court.
Court Hearing: A judge will schedule a court date and both parties will present their case.
Judgment: If the judge rules against you, they may issue a Warrant of Eviction.
Marshal’s Notice: A city marshal will serve you a 72-hour notice before you are removed.
If your landlord skips any of these steps, they are not allowed to evict you.
What To Do If You’re Facing Illegal Eviction
If your landlord is trying to evict you without going to court, don’t move out — you have rights.
Steps to Take Immediately:
Call 911 – If you’re locked out or harassed, illegal eviction is a crime. Police can help you regain access.
Call 311 and Ask for the Tenant Helpline – You can report the illegal eviction to NYC Housing Preservation and Development (HPD).
Document Everything – Take photos, videos, and save texts or letters.
Go to Housing Court – You can file an “Illegal Lockout” case and ask the judge to order your landlord to let you back in.
Get Legal Help – Free legal services may be available to assist you (see resources below).
Reminder: File an Answer Within 10 Days
If your landlord has taken you to court and you received legal papers, don’t ignore them. You have only 10 days to file an Answer. Failing to respond can result in a default judgment and you could lose your home without a hearing.
LawHax helps you build and file your Answer online in minutes — no lawyer required. Start here.
Need Help?
Here are some organizations that offer free legal support:
Legal Aid Society – legalaidnyc.org
Right to Counsel NYC Coalition – Free representation if you qualify
NYLAG (New York Legal Assistance Group) – nylag.org
LawHax – Build your legal Answer online and access helpful tools to stop eviction
Bottom Line
Your landlord cannot evict you without a court order. If they try to do so, it’s illegal — and you can fight back. Understanding your rights is the first step toward protecting your home.
Whether you’ve been served papers or locked out illegally, LawHax is here to help you take control of your case.
Stop eviction before it starts. Build your Answer now at LawHax.
