Albany County Eviction Court — Landlord Filing Guide (2025)
Everything New York landlords need to file a Summary Proceeding (Eviction) in Albany County — fees, courthouse info, timeline, and step-by-step process.
🏛️ Albany County Courthouse Information
- Courthouse: Albany County Courthouse
- Address: 16 Eagle St., Albany, NY 12207
- Phone: (518) 285-8989
- Hours: Mon–Fri, 9:00 AM – 5:00 PM
- Case type: Summary Proceeding (Eviction)
⚠️ Albany County — What Landlords Should Know
Albany County uses City Court for city evictions. State HSTPA protections apply.
Need an Eviction Attorney in Albany County?
Procedural mistakes can get your case dismissed. Get matched with a local Albany County eviction attorney — free consultation.
Step-by-Step: How to File an Eviction in Albany County
Serve the Required Notice
Before filing, you must serve a written notice. For non-payment of rent, a 14-day Pay or Quit notice is required. For lease violations, serve a 10-day Cure or Quit notice. Make sure the notice is properly formatted and personally served or posted per New York law.
File Your Summary Proceeding (Eviction) at Albany County Courthouse
After the notice period expires without compliance, file your eviction complaint at the Albany County Courthouse (16 Eagle St., Albany, NY 12207). The filing fee is $45. Bring: your lease agreement, the notice, and proof of service.
Serve the Summons on the Tenant
After filing, the court issues a summons. In Albany County, service is typically handled by the Sheriff's office or a licensed process server for a fee of $35. You must NOT serve the summons yourself — improper service can get your case dismissed.
Attend the Court Hearing
Hearings in Albany County are typically scheduled 4–8 weeks after filing. Attend with all documentation: lease, notices, payment records, and proof of service. If the tenant doesn't appear, you may receive a default judgment. Come prepared to present your case clearly.
Obtain and Enforce the Writ of Possession
After a judgment in your favor, request a Writ of Possession from the clerk. The New York Sheriff's office will serve the writ and oversee removal if the tenant refuses to leave voluntarily. Do NOT change locks or remove property yourself — this constitutes illegal self-help eviction in New York.
Albany County Eviction Filing Cost Breakdown
| Cost | Amount | Notes |
|---|---|---|
| Court Filing Fee | $45 | Paid to Albany County Clerk of Court |
| Summons Service | $35 | Sheriff or process server fee |
| Writ of Possession | ~$30–$35 | Sheriff enforcement after judgment |
| Attorney (optional) | $750–$3000 | Strongly recommended — strong tenant protections |
Frequently Asked Questions — Albany County Evictions
How long does an eviction take in Albany County?
The typical Albany County eviction takes 6–12 weeks from serving the initial notice to enforcement — assuming the tenant does not contest. A contested eviction can take significantly longer. Albany County has stronger tenant protections that can extend the timeline.
How much does it cost to file an eviction in Albany County?
The court filing fee in Albany County is $45. Additional costs typically include: process service or sheriff fee ($35), Writ of Possession enforcement (~$30–$35), and attorney fees if represented ($750–$3000). Total out-of-pocket without an attorney is typically $110–$115.
What court handles evictions in Albany County?
Evictions in Albany County are filed at the Albany County Courthouse, located at 16 Eagle St., Albany, NY 12207. The case type is filed as a Summary Proceeding (Eviction).
Can I file an eviction online in Albany County?
Albany County does not currently offer online filing for eviction cases. You must file in person at the Albany County Courthouse.
Do I need a lawyer to evict a tenant in Albany County?
New York law allows landlords to represent themselves in eviction court. However, Albany County has very strong tenant protections, making procedural errors costly — an attorney is strongly recommended.
What happens if the tenant doesn't leave after the eviction judgment in Albany County?
After a judgment in your favor, request a Writ of Possession from the court. The Albany County Sheriff's office will then execute the writ — notifying the tenant to vacate, and physically removing them if they refuse. Do NOT attempt to remove the tenant yourself; self-help eviction is illegal in New York.
See full New York eviction laws and notice requirements.
New York Eviction Guide for Landlords →Download the eviction notice you must serve before filing in New York.
New York Eviction Notice Templates →Is your tenant facing eviction in Albany County? See their rights.
Tenant Rights in Albany County →Relevant New York Statutes
- Primary eviction statute: NY RPAPL § 711
- This guide is for informational purposes only. Laws change — verify with current New York statutes or a licensed Albany County attorney.