A New York lease termination notice is a document officially announcing the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
Types of New York Lease Termination Notice Forms
|Length of Lease
|30 Day Notice To Vacate
|Periodic / Under 1 Year
|60 Day Notice To Vacate
|Over 1 Year, Under 2 Years
|90 Day Notice To Vacate
|2 Years or More
New York 30 Day Notice To Vacate
A New York 30 Day Notice To Vacate form terminates tenancies of less than one (1) year, including month-to-month tenancies and other periodic tenancies. This form may also serve as notice of non-renewal with no lease or an expired lease. The non-terminating party must receive notice at least thirty (30) calendar days before the end of the following rental period or expiration of the lease.
New York 60 Day Notice To Vacate
A New York 60 Day Notice To Vacate terminates tenancies with a term of one (1) year or more, but fewer than two (2) years. The non-terminating party must receive notice at least sixty (60) calendar days before the expiration of the lease.
New York 90 Day Notice To Vacate
A New York 90 Day Notice To Vacate terminates tenancies with a term of two (2) years or more. The non-terminating party must receive notice at least ninety (90) calendar days before the expiration of the lease.
How To Write a Lease Termination Notice in New York
To ensure the legal compliance of a lease termination notice:
- 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 Calculate Expiration Date in New York
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter 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 period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
How To Serve a Lease Termination Notice in New York
New York landlords and tenants may deliver a lease termination notice using any of these methods:
- Hand delivery to the other party
- Hand delivery to a person of suitable age who can accept the notice on behalf of the other party PLUS mailing the notice by BOTH registered or certified mail AND first class mail
- Posting the notice on the premises or under the entrance door, PLUS mailing the notice by BOTH registered or certified mail AND first class mail
If notice is not hand delivered to the other party, the mailed notices must be mailed within one (1) calendar day of when notice is delivered directly to the premises. Mailed notice extends the notice period by (3) calendar days, to account for variable delivery times.