A New York 30 Day Notice to Vacate is a letter that complies with state legal requirements to terminate a periodic tenancy or a lease with a term of less than one (1) year. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
When To Use a New York 30 Day Notice To Vacate
A New York 30 Day Notice To Vacate terminates the following types of tenancy:
- A lease with a term of less than one (1) year
- Any periodic tenancy (e.g., week-to-week or month-to-month)
- An expired lease
- A rental with no written lease where the tenant pays rent on a monthly basis
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 To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or 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 To Vacate
New York landlords and tenants may deliver a written Notice To Vacate by any method which results in actual notification of the other party. The following methods, which come from formal service of court process in the state, are the legal gold standard:
- Hand delivery to the other party
- Hand delivery to a person of suitable age and discretion on the property who accepts the notice on behalf of the other party, 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 NY Real Prop L § 226-C
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If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord shall provide at least thirty days’ notice.
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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