Understanding exactly how the eviction process works in Orange County is essential for every landlord. It is vital to determine the best course of action before taking any step — and our team is here to guide you through each one with comprehensive legal advice.

Step 1: Serve the Proper Legal Notice.

Every eviction begins with the correct written notice. A non-payment of rent case requires a 14-day rent demand. A holdover or lease violation requires 30 days’ notice for tenancies under one year, 60 days for tenancies between one and two years, and 90 days for tenancies over two years. Newburgh’s Good Cause Eviction Law adds mandatory language to all notices that must be included precisely.

Step 2: File a Petition in Orange County Housing Court.

If the tenant does not comply, you file a Notice of Petition and Petition in Orange County Housing Court. The petition must correctly identify all parties, the premises, the legal basis for eviction, and the rent owed. Any error at this stage can result in dismissal.

Step 3: Serve the Court Papers.

The tenant must receive the petition within a specific window before the court date. Service must be performed correctly. Improper service is one of the most common reasons eviction cases fail.

Step 4: Appear in Housing Court.

Both parties appear before an Orange County Housing Court judge. Many cases are resolved at this stage through a stipulation. A formal settlement agreement that avoids the need for a full hearing. When a tenant is unwilling to negotiate in good faith, the matter proceeds to a hearing before the court.

Step 5: Obtain a Judgment of Possession.

If the landlord prevails, the court issues a Judgment of Possession along with any applicable money judgment for unpaid rent.

Step 6: Warrant of Eviction & Sheriff Enforcement.

With a judgment in place, the landlord applies for a Warrant of Eviction. If the tenant still does not leave voluntarily, the Orange County Sheriff’s Office executes the warrant and removes the tenant from the premises.

An uncontested eviction in Orange County typically takes four to eight weeks when handled correctly. Errors in notice, service, or petition language reset the clock entirely. Our attorneys ensure your case is built right from the very first step to get the best defense.

How long does an eviction take in Orange County, NY?

An uncontested non-payment eviction in Orange County typically takes four to eight weeks when handled correctly from the initial notice through court. Contested cases, or cases involving Good Cause Eviction defenses, can take longer. Early intervention by an experienced attorney is the most effective way to minimize the timeline and protect your investment.

Can a landlord enter a property without notice in NY?

New York requires landlords to provide reasonable advance notice, generally 24 hours, before entering a rental unit except in genuine emergencies. Entering without proper notice can violate tenant’s legal rights and, in the context of an existing dispute, can be used against you in court.

What notice does a landlord need to give before eviction in NY?

For non-payment of rent, a 14-day written rent demand is required. For holdovers and lease violations, notice periods are 30 days for tenancies under one year, 60 days for tenancies between one and two years, and 90 days for tenancies over two years. Newburgh’s Good Cause Eviction Law also requires specific language in all notices served on covered tenants.

What are a tenant’s legal rights in New York State?

New York tenants have extensive rights, including the right to a habitable dwelling, protection from illegal lockouts and harassment, proper notice before any eviction proceeding, and in Newburgh, the protection of the Good Cause Eviction Law, which prevents removal without a legally recognized reason and limits rent increases above a defined threshold.

Can I evict a tenant for not paying rent in NY?

Yes. Non-payment of rent remains a recognized ground for eviction under New York law, including in Newburgh. However, under the Good Cause Eviction Law, tenants may raise a defense if the unpaid rent resulted from an unreasonable rent increase. Proper documentation, legally compliant notices, and correct court procedure are essential to a successful outcome.

What is a holdover proceeding in NY?

A holdover proceeding is an eviction case filed when a tenant remains in a rental unit after their lease has legally ended and they have no right to remain. It requires proof that the tenancy has expired and that proper notice to vacate was served. Our attorneys handle holdover proceedings throughout the Orange County Housing Court.

Does the Good Cause Eviction Law apply in Newburgh?

Yes. Newburgh has opted into New York State’s Good Cause Eviction Law, which means landlords cannot evict tenants or refuse to renew leases without a legally recognized reason. Newburgh adopted the strongest version, setting the portfolio threshold at one unit and closing the LLC loophole, which means virtually every Newburgh landlord is subject to its requirements. If you have not reviewed your compliance, contact our NY landlord-tenant lawyer today for a consultation.