New York 30 Day Notice To Vacate

Last Updated: January 11, 2024 by Roberto Valenzuela

New York 30 Day Notice to Vacate_1 on iPropertyManagement.com
New York 30 Day Notice to Vacate _1 on iPropertyManagement.com

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:

  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. Fill in the full address of the rental premises
  4. Provide updated/current address and phone number information
  5. Print name and sign the notice
  6. 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 Notice To Vacate using any of these methods:

  1. Hand delivery to the other party
  2. 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
  3. 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.

note
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.

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