A New York 30 Day Notice of Termination is a letter which complies with state legal requirements to begin eviction against a tenant for failing to take corrective action demanded by a previous notice to comply. The tenant is no longer given an opportunity to fix the issue, and must move out within thirty (30) calendar days of receiving notice.
When To Use a New York 30 Day Notice of Termination
A New York 30 Day Notice of Termination begins the eviction process when the tenant has failed or refused to take corrective action after a notice to comply. The tenant is no longer allowed corrective action after receiving a Notice of Termination, and must move out by the specified date.
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 30 Day Notice of Termination
To help ensure the legal validity of a Notice of Termination:
- 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
- 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 30 Day Notice of Termination
New York landlords may deliver a Notice of Termination 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 never had a lease, or had a lease but you collected rent after it ended you must give the tenant a Notice of Termination. You do not serve a Notice to Cure. If you want to evict a tenant who did something not allowed by the lease, you must give the tenant a Notice to Cure before you can serve a Notice of Termination.
A Notice of Termination is given to a tenant to end the tenancy. The notice tells the tenant the reason, the date that the tenant must move, and that a case will be started if the tenant doesn’t move by the deadline. Give the tenant at least 30 days notice to leave. The last day in the notice must be the last day of a rental period. For example, if the tenant pays rent on the 15th of every month then the last day should be the 14th of the month.
Taking the rent after the termination date in the notice restarts the tenancy. The tenant can tell this to the court and your case may be dismissed.
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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