A New York eviction notice form for nonpayment of rent is a written document that states a tenant has 14 days to pay the rent or to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in New York.
Types of New York Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
14-Day Notice to Pay (Nonpayment of Rent)
In New York, rent is considered late the day after it’s due. Grace periods (if any) are addressed in the rental agreement or lease.
Once rent is past due, the landlord must provide tenants with a 14-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 14 days to avoid eviction.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should include the total amount of past-due rent owed, but not the amount of any late or other fees the tenant may owe.
Get the downloadable 14-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
10/30-Day Notice to Cure or Vacate (Non-Compliance)
A tenant can be evicted in New York if they do not uphold their responsibilities under the terms of a written lease or rental agreement.
Typical lease violations could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
New York landlords must provide tenants with a 10-Day Notice to Comply, giving tenants 10 days to correct the issue to avoid eviction.
The Notice to Comply should include the specific lease violation(s) and what the tenant can do to correct the issue within the deadline.
If the tenant does not comply within the time period on the notice, they must be given a second notice, the 30-Day Notice to Quit.
The Notice to Quit should state that because the tenant has failed to correct the issue(s) within the deadline on the Notice to Comply, the tenant’s only option now is to move out of the rental unit within the 30-day period given on the Notice to Quit.
If the tenant remains on the property after the notice period expires on the 30-Day Notice to Quit, the landlord may proceed with the eviction process.
Illegal Activity. New York landlords are not required to provide tenants with an eviction notice for illegal activity. Instead, landlords may proceed with an eviction action immediately if a tenant is involved in illegal activity on the rental property. Many types of illegal activity will automatically void the lease.
Get the downloadable 10-Day Eviction Notice for Noncompliance (Notice to Comply) form template below (.pdf direct link).
Get the downloadable 30-Day Eviction Notice for Noncompliance (Notice to Quit) form template below (.pdf direct link).
30/60/90-Day Lease Termination Notice (No Lease/End of Lease)
In the state of New York, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord simply doesn’t want to renew the lease.
The amount of notice required depends on the length of the tenancy.
- Tenancies Less Than One Year – 30 days’ notice is required.
- Tenancies More Than One Year, But Less Than Two Years–60 days’ notice is required.
- Tenancies More Than Two Years – 90 days’ notice is required.
The notice should include the date the tenancy will terminate.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Get the downloadable 30/60/90-Day Lease Termination Notice form template below (.pdf direct link).
What to Include in New York Eviction Notices
New York state law doesn’t indicate what is required to be on every eviction notice; however, it’s a good idea for the notice to include:
- The tenant’s name and contact information;
- The date the tenancy will terminate;
- The reason for the eviction;
- What the tenant can do to correct the issue and avoid eviction (i.e. pay rent, comply with lease provisions, fix damage to unit caused by the tenant); and
- How much time the tenant has to correct the issue (if allowed).
The landlord may also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand delivered.
In addition, the landlord should keep the receipt number if the notice was delivered by certified mail.
Delivering Eviction Notices in New York
In the state of New York, landlords can deliver an eviction notice by any of the following methods:
- Delivering it to the tenant in person;
- Leaving the notice with a “suitable” person at the rental unit;
- Posting a copy in a conspicuous place on the rental unit; or
- Mailing the notice to the tenant via certified/registered mail AND regular mail (if left with another person/posted on the rental unit).
Eviction Process in New York
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If uncured and tenant remains, petition is filed and served.
- A hearing is held, and judgment issued.
- If an eviction is granted, a Writ of Execution is posted, giving the final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of property to landlord.
To learn more about the eviction process in New York, click here.
- 1 NY Real Prop Actions L §711 (2019)
2. The tenant has defaulted in the payment of rent, pursuant to the agreement under which the premises are held, and a written demand of the rent has been made with at least fourteen days’ notice requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served upon him…
- 2 NY Real Prop Actions L §735 (2019)
1. …personally delivering…or by…leaving personally with a person of suitable age and discretion…at the property…or…by affixing a copy…upon a conspicuous part of the property…or placing a copy under the entrance door…within one day after…delivering to such suitable person or such affixing…by mailing to the respondent both by registered or certified mail and by regular first class mail…
- 3 NY Real Prop L §226-c (2019)
(b) 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. (c) If…more than one year but less than two years…the landlord shall provide at least sixty days’ notice. (d) If …more than two years…the landlord shall provide at least ninety days’ notice.