New York 90 Day Notice to Vacate | Lease Termination Form

A New York 90 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a lease with a term of two (2) years or more. The non-terminating party must receive notice at least ninety (90) calendar days before the date of termination.

When To Use a New York 90 Day Notice To Vacate

A New York 90 Day Notice To Vacate terminates a lease with a term of two (2) years or more. Either the landlord or the tenant may choose to deliver this notice.

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.

warning

New York has a good-cause eviction law which limits eviction options and in particular restricts lease non-renewal to a specific set of reasons in cities which opt into the law. ALL landlords must also present a long and specific notice about the law’s applicability, when executing a lease, renewing a lease, or serving a termination notice. Check local laws carefully.

How To Write a New York 90 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 90 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.

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.

Sources

1 NY Real Prop L § 226-C: If the tenant has occupied the unit for more than two years or has a lease term of at least two years, the landlord shall provide at least ninety days’ notice.
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2 N.Y. Real Prop. Acts. Law § 735: 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.
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3 New York Court Rules of Procedure Section 76.14 - Service by Mail: 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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4 N.Y. Real Prop. Law § 231-C: A landlord as defined in subdivision two of section two hundred eleven of this chapter shall append to or incorporate into any initial lease, renewal lease, notice required pursuant to paragraph (a) of subdivision one of section two hundred twenty-six-c of this article, notice required pursuant to subdivision two of section seven hundred eleven of the real property actions and proceedings law, or petition pursuant to section seven hundred forty one of the real property actions and proceedings law, the following notice: [notice omitted here for reasons of length, but available at the primary source link provided.]
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