New York 10 Day Notice To Comply

Last Updated: March 18, 2024 by Roberto Valenzuela

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:

  1. Use the full name of the receiving party, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis for terminating the tenancy, and the corrective action(s) necessary to avoid termination
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. 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: 

  1. Hand delivery to the tenant
  2. 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
  3. 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.

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.