A New York eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. New York landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of New York Eviction Notice Forms
| Notice Forms | Grounds | Curable? |
| 14 Day Notice To Quit | Unpaid Rent | Yes |
| 10 Day Notice To Comply | Lease Violation | Yes |
| 30 Day Notice of Termination | Continuing to Breach Lease | No |
| 30 Day Notice To Vacate | End of / No Lease | No |
New York 14 Day Notice To Quit
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A New York 14 Day Notice To Quit evicts a tenant for nonpayment of rent. In New York, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within within fourteen (14) calendar days.
New York 10 Day Notice To Comply
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A New York 10 Day Notice To Comply demands correction of a lease violation that is “curable,” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant must take appropriate corrective action or move out within ten (10) calendar days. Repeating the lease violation lets the landlord serve a 30 Day Notice of Termination, which is no longer curable.
New York 30 Day Notice of Termination
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A New York 30 Day Notice of Termination evicts a tenant for continued lease violation following a prior notice to comply. Because it’s a repeat offense, tenants are not given an opportunity to take corrective action, and must move out within thirty (30) calendar days.
New York 30 Day Notice To Vacate
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A New York 30 Day Notice To Vacate terminates a lease with a term of less than one (1) year, including all periodic leases (e.g. week-to-week or month-to-month) regardless of the length of tenancy. This notice also terminates an expired lease, or a situation with no written lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
How To Write an Eviction Notice in New York
To help ensure the legal compliance of an eviction notice:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the 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 Calculate Expiration Date in New York
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
How To Serve an Eviction Notice in New York
New York landlords may deliver an initial eviction notice 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 has done something that is not allowed by the lease you must give the tenant a written notice called a Notice to Cure. Examples of when you use this Notice are if the tenant has a pet, or a washing machine that you did not agree to, or the tenant is too loud all the time. The Notice to Cure tells the tenant what he or she is doing wrong and gives the tenant 10 days to fix the problem. If the tenant fixes the problem, the tenant can stay and you can’t start the case. If the tenant doesn’t correct the problem by the deadline in the notice, you must give the tenant a second written notice called a Notice of Termination before you can start a case.
Source Link - 2 New York State Court System
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Notice of Termination
If the tenant doesn’t correct the problem by the deadline in the notice, you must give the tenant a second written notice called a Notice of Termination before you can start a case.
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 - 3 New York Court Rules of Procedure - Computation of Time
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76.14 Computation of time.
In computing any period of time prescribed or allowed by this Part, the day that the period of time begins will not be included but the last day of the period will be included unless it is a Saturday, Sunday or legal holiday, in which event the next business day will be included. 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.
Source Link - 4 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 - 5 New York Court Rules Section 76.14 - Computation of time
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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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