New York Eviction Notice Forms

Last Updated: January 2, 2023 by Roberto Valenzuela

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:

  1. Use the tenant’s full name and address
  2. Specify the lease violation as well as any balance due
  3. Specify the date of termination
  4. Print name and sign the notice, including the landlord’s address of record
  5. Note 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 eviction notice using any of these methods:

  1. Hand delivery to the other party
  2. Hand delivery to a person of suitable age who can accept the notice on behalf of the tenant, PLUS delivery by BOTH registered or certified mail AND first class mail
  3. Posted at the premises or placed under the entrance door, PLUS delivery by BOTH registered or certified mail AND first class mail

If notice isn’t hand-delivered to the tenant, the landlord must mail the required notices within (1) day after posting the notice or handing it to someone who isn’t the tenant. Mailed notice extends the notice period by three (3) calendar days, to account for variable delivery times.

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