A New York 10 Day Notice To Comply is a letter which complies with state legal requirements to begin an eviction against a tenant for a violation of the lease, such as causing minor property damage. The tenant must take appropriate corrective action within ten (10) calendar days of receiving notice.
When To Use a New York 10 Day Notice To Comply
A New York 10 Day Notice To Comply begins the eviction process for the following tenant violations:
- Health or safety violations
- Refusal to allow the landlord lawful access to the property
- Interference with the quiet enjoyment of neighbors
- Causing minor property damage
- Occupancy violations
- Other lease violations
If the tenant does not take appropriate corrective action, the landlord may serve a 30 Day Notice of Termination, which ends the lease and requires that the tenant move out.
Some types of New York lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a New York 10 Day Notice To Comply
To help ensure the legal validity of a Notice To Comply:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and the corrective action(s) necessary to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a New York 10 Day Notice To Comply
New York landlords may deliver a Notice To Comply by any method which results in actual notification of the tenant. The following methods, which come from formal service of court process in the state, are the legal gold standard:
- Hand delivery to the tenant
- Hand delivery to a person of suitable age and discretion on the property who accepts the notice on behalf of the tenant, PLUS mailing the notice by BOTH registered or certified mail AND first class mail
- Only if all forms of hand delivery fail: Posting the notice on the premises or under the property’s entrance door, PLUS mailing the notice by BOTH registered or certified mail AND first class mail
Mailed notice must be mailed within one (1) day of the other form of delivery, and extends a notice period by (3) calendar days, to account for variable delivery times.
Sources
- 1 New York State Court System
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If the tenant has done something that is not allowed by the lease you must give the tenant a written notice called a Notice to Cure. Examples of when you use this Notice are if the tenant has a pet, or a washing machine that you did not agree to, or the tenant is too loud all the time. The Notice to Cure tells the tenant what he or she is doing wrong and gives the tenant 10 days to fix the problem. If the tenant fixes the problem, the tenant can stay and you can’t start the case. If the tenant doesn’t correct the problem by the deadline in the notice, you must give the tenant a second written notice called a Notice of Termination before you can start a case.
Source Link - 2 N.Y. Real Prop. Acts. Law § 735
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Manner of service; filing; when service complete. 1. Service of the notice of petition and petition shall be made by personally delivering them to the respondent; or by delivering to and leaving personally with a person of suitable age and discretion who resides or is employed at the property sought to be recovered, a copy of the notice of petition and petition, if upon reasonable application admittance can be obtained and such person found who will receive it; or if admittance cannot be obtained and such person found, by affixing a copy of the notice and petition upon a conspicuous part of the property sought to be recovered or placing a copy under the entrance door of such premises; and in addition, within one day after such delivering to such suitable person or such affixing or placement, by mailing to the respondent both by registered or certified mail and by regular first class mail.
Source Link - 3 New York Court Rules of Procedure Section 76.14 - Service by Mail
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Whenever a party has the right or is required to do some act within a prescribed period of time after the service of a document and the document is served by mail, three days will be added to the prescribed period of time.
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