How to Serve an Eviction Notice in New York

How to Serve an Eviction Notice in New York

Last Updated: October 5, 2022 by Marnie Snyder

In New York, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.

Who Can Serve Eviction Notices in New York?

In New York, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.

When Can Eviction Notices Be Served in New York?

In New York, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.

For a 14 Day Notice to Quit, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in New York, rent is late starting the day after it’s due.

Acceptable Forms of Service in New York

A landlord can deliver notices in New York using any of the below acceptable methods:

  1. Handing the notice to the tenant in person;
  2. Handing the notice to a person of suitable age and discretion AND mailing the notice by registered or certified mail with a return receipt AND first class regular mail;
  3. Posting the notice on the premises or by placing the notice under the entrance door, AND mailing the notice by registered or certified mail with a return receipt AND first class regular mail.

If the notice is delivered to a person other than the tenant, posted on the premises or placed under the main entry door, the landlord shall mail the notice within one (1) calendar day.

When sending the notice by registered or certified mail and first class mail, add three (3) calendar days to the notice period to account for variability in post office delivery times.

Obtaining Proof of Service in New York

A landlord can demonstrate proof that a notice was delivered through the following methods:

  • Hand Delivery – by completing a Declaration of Service at the time of delivery.
  • Certified/Registered Mail and First Class Mail – via a return receipt and by completing a Declaration of Service at the time of mailing.
  • Posting the Notice – by taking a photograph and completing a Declaration of Service at the time of posting.

New York Eviction & Lease Termination Notice Forms

Notice Forms Grounds
14 Day Notice to Quit Eviction for Unpaid Rent
10 Day Notice to Comply Eviction for Lease Violation
30 Day Notice of Termination Eviction for Continuing to Breach Lease
30 Day Notice to Vacate Ending a Periodic Lease /

Ending a Lease of < 1 Year

60 Day Notice to Vacate Ending a Lease of 1 Year +,

but < 2 Years

90 Day Notice to Vacate Ending a Lease of 2 Years +

Sources