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 using any of these methods:
- Hand delivery to the other party
- Hand delivery to a person of suitable age on the property who can accept the notice on behalf of the other party, PLUS delivery by BOTH registered or certified AND first class mail
- Posting at a conspicuous place on the premises, or under the entry door, PLUS delivery by BOTH registered or certified AND first class mail
When notice is not hand-delivered, the mailed portion must be mailed within one (1) calendar day of the posting or other form of delivery. To account for variable delivery times, mailed notice extends the notice period by three (3) calendar days.