New York Eviction Notice

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Read further to learn more about the eviction process in New York and how many days’ notice are required in which situations.

What’s an Eviction Notice?

An eviction notice is a legal form of disclosure that lets a tenant know that they are in clear violation of their lease agreement, and either need to correct the issue or vacate the premises. Eviction forms in the State of New York are often served to a tenant who has failed to pay their rent in a timely manner, or the tenant may have broken the terms of the lease in another way. This is a form that many landlords will use to inform the tenant that they are about to take them to court over the matter if the issue is not rectified or solved in a timely fashion. The tenant can also decide to move out instead of addressing the issue at hand, but if the tenant does not respond to the landlord’s notice, the landlord can go to the New York court system to file a petition or a notice of petition.

Types of Eviction Notices

In the state of New York, there are typically three different types of eviction notices that a tenant can be served.

A Three-Day Notice to Quit

This is also often called a demand for rent document, and the landlord can give it to the tenant when they have not paid the rent that is owed by a certain date after it is due. The non-payment of rent that this form represents is something that does not have to be done in writing unless otherwise stated in the rental agreement, but it is going to be best for the landlord always to have this type of notice in writing. This notice will allow the tenant to respond to the landlord within a period of three days before a petition can be filed with the courts.

This is a form that can be given to the tenant in several different ways. The methods of delivery include:

  • Personal Delivery – This is what it is called when the landlord has a representative go to the unit that the tenant is residing in and deliver this notice to the tenant personally. The individual who is delivering the notice cannot be the owner of the property or the landlord.
  • Substituted Service – If the tenant is not available on the premise when the notice is to be delivered, the notice can be given to someone who is inside the residence that either lives in the unit or works there. They cannot just be an individual who is visiting the tenant, and the person receiving the notice must not be a small child. The person does not need to be a legal adult who is over the age of 18. If the notice is given to someone other than the tenant, the landlord must then mail a copy of the notification on the next weekday. One must be sent by certified mail, and the other can be sent through the regular mail service.
  • Conspicuous Service – This is a means of serving the notice to the tenant when they are not at home. The paper must be attempted to be delivered at least two times within a period of 24 hours. If the tenant is not reached on either occasion, then the notice may be taped to the door. The following day, a copy of the notice must be sent through the regular mail, and another one must be sent by certified mail.

A 10-Day Notice to Quit

This is a type of eviction form that is often used to inform the tenant that they are in breach of the terms of the lease in some way. This can include having an animal in the home that was not specified on the lease.  It can include smoking on the premise when it is clearly stated the smoking in certain areas is prohibited. It can also include committing any type of criminal activity on the premise.

This form represents the non-compliance of the tenant, and with this notice, the landlord is permitting the tenant to take 10 days to respond to the landlord regarding the issue before it is considered to court. Once this form is served, the tenant can either correct the issue or move out of the unit in question.

If a landlord is looking to write this type of notice for a tenant on their property, then the notice will need to lay out the date, the name of the landlord, the landlord’s address, email, address, and phone number where they can be reached. In addition, the tenant’s information must also be present on the form, which will include their name and address as well.

Then, the form should have a dotted line, under which the violation that is in question should be fully explained. At this point, the tenant will have the option to cure the violation or not. If the issue is cured, then the problem is fixed in a manner that is agreeable to the landlord, which means that the tenant will be able to continue their residency at the unit that they are currently residing in. If the issue is left uncured, then the violation remains in effect, and the landlord will be able to take the tenant to court to proceed with an eviction if they would like.

Under the description of the violation, the landlord must sign this form to complete it. Once the form is served to the tenant, the date, time, and method of delivery must be recorded.

A 30-Day Notice to Quit

This is a form that can be used when a tenant has a month to month rental agreement. This can be used by either the landlord or the tenant to inform the other party of their intent to move out of or have the premise vacant at the end of the 30 days that this form permits. The form should provide the date of the completion of the notice, the date of the end of the 30 day period, the address of the unit, and the name and signature of the party giving the notice.

How to Write a Notice to Quit

When a landlord finds themselves in a situation where one of these types of eviction forms are needed, the most important part of the process is making sure that the forms are filled out properly before they are sent to the tenant. There are certain steps that you will need to follow, which include:

Acquiring Documents and Paperwork

As the landlord, you are going to need to have all of the information that is relevant to the unit in question available to you before you start writing out the notice. Not only will you need to know the information for the tenants and the property, but you will also need to make sure that the names are spelled correctly and that there is nothing left out of the address that could make the document less legal. This means that you will need to have the original lease available and all of the rental records available to you.

Date the Notice

At the very top of this notice, you will need to provide the date that this notice is being drawn up so that there is a point of reference that all parties can look at to be on the same page.  This section should provide the month, day, and the year.

Define the Tenant

This is the section where you are naming the tenants that are being held responsible for the notice. This means that the full names of the tenants who are listed on the lease as well as the roommates will be included in this section. Every name must be listed and spelled correctly. Typically, this section will have enough space for up to eight tenants, but if there are more residing in the unit, this section can be edited to make the notification more streamlined.

Define the Property

This is a section of this document that will state the property that the landlord is trying to get the rent for or the property back. The full address of the leased property should be written in this section, and it should include the street number, the apartment number, the city, the state, and the zip code. Some of these forms will also provide the county that the unit is located in as well. It can also be stated which floor the unit is on if it is an apartment building as well as the side of the hall that it is located on.

Another critical part of this part of the form is noting whether or not the premise is being used as a residence or a business. If this property was originally leased to the tenant as a residential location, then that is what should be marked on the form.

Define the Reason for the Notice

This form can be used for both noncompliance evictions and nonpayment evictions, so if that is the case, then you will need to specify which of the eviction types this form is being used for. The reason for the notice will need to be laid out in this section so that it is all in writing in on the same form. For either option, make sure to leave enough space for an explanation. If this notice if because of the non-payment of rent, it must be stated how much is owed for each month that is owed. This portion of the form should look like this:

$______________ for the month of _____________ 20__

$______________ for the month of _____________ 20__

$______________ for the month of _____________ 20__

$______________ for the month of _____________ 20__

Below that section, any late fees that need to be added to the amount owed should be mentioned. When the entire owed amount is listed, add it up and place the total amount that is now due to be paid to the landlord on a separate line. This can be helpful when a tenant owes for a few months, so it can give them an idea of what they owe the landlord exactly so that a plan to pay the amount can be established.

Verification Signature

At the bottom of the form, the signature of the landlord must be present. This section must also include the printed name of the landlord, and there will also be a box to check off that declares the intended form of delivery.  The person delivering the notice can check off the box that states the method of delivery, and provide their signature and the date that it is delivered.

The Eviction Process

Once the landlord serves one of the three notices listed above and waits the required time for the tenant to respond to each form, the landlord can continue with legal proceedings to get either the money that they are owed or the property back from the tenant. When the tenant does not comply with the notice that they were given, the landlord can file a petition with the court in the town where the property is located. If the unit that is being rented is located in New York City, the case will need to go to the housing court that is located in the city. Most of the forms that you will need to file when proceeding to court will need to be notarized.

The tenant will then have the chance to show up at the date that is listed on the petition to dispute the accusation, to make an arrangement to pay the past due rent, or to not show up for the hearing at all. If the court sides with the landlord, they will receive a judgment that will allow them to get a warrant for the eviction of the tenants who live in the unit. Once the papers are signed by the courts and sent to the sheriff, the tenant will have a period of 72 hours to remove their things from the property before they are forced to leave the premises.

Other New York Templates and Forms

Read About Eviction Notices in Other States

Colorado

Florida

Georgia

Idaho

Illinois

Iowa