New York Eviction Notice

Q: How many days notice to evict a tenant in New York?

It depends on the reason. Nonpayment of rent gets a 14-day written demand. A curable lease violation follows a Notice to Cure (10 days) and, if uncured, a Notice of Termination (at least 30 days). A non-lease possessory ground, like an unlawful occupant, gets a 10-day notice to quit with no cure. Ending a tenancy without cause, or raising the rent 5% or more, needs 30, 60, or 90 days depending on how long the tenant has lived there.

Q: Can a landlord evict without notice in New York?

Almost never for an active tenancy. Nonpayment requires a 14-day demand under RPAPL Section 711(2), and most non-lease possessory grounds under RPAPL Section 713 require a 10-day notice to quit. The narrow exceptions, where the statute itself says no notice to quit is required, are forcible or unlawful entry by someone who never had three years of quiet possession, and certain employment-related possession that ends when the job does.

Q: What must a New York eviction notice include or state?

A rent demand under RPAPL Section 711(2) must state the amount of rent claimed due, identify the rental period, demand payment or possession in the alternative, and include the Real Property Law Section 231-c disclosure about good cause eviction coverage. A Notice to Cure should describe the specific lease violation and the deadline to fix it. A Notice of Termination should state the reason, the date the tenancy ends, and that a case will follow if the tenant doesn't leave. Every notice should identify the landlord, the tenant, and the rental address.

Q: What counts as curable versus incurable under New York law?

An ordinary lease violation, like an unauthorized pet or unauthorized alteration, is treated as curable: the tenant gets a Notice to Cure first, and even after losing a lease-breach case in court, RPAPL Section 753(4) gives every tenant statewide a further 30-day stay of the warrant to fix the problem. Non-lease possessory grounds under RPAPL Section 713, such as an expired license or a holdover after a foreclosure sale, are treated as incurable: the occupant gets a 10-day notice to quit with no chance to fix anything, because there's no lease relationship left to preserve.

Q: How do you calculate the deadline on a New York eviction notice?

Count from the date the notice is actually served, not the date it's written, using the method and timing rules under RPAPL Section 735. For a rent demand, count 14 calendar days. For a Notice to Cure, count 10 days; if uncured, the following Notice of Termination adds at least 30 more days, and that termination date must fall on the last day of a rental period. For a non-renewal or rent-increase notice, count 30, 60, or 90 days depending on the tenant's length of occupancy under Real Property Law Section 226-c.

Q: What happens if the tenant doesn't respond to the notice by the deadline?

If the tenant hasn't paid, cured, vacated, or otherwise complied by the stated deadline, the landlord's next step is to file a summary proceeding in the applicable New York court. The notice itself doesn't remove anyone; it's the required first step, and if the case is based on a lease breach and the court agrees a breach occurred, the tenant still gets the separate 30-day post-judgment stay under RPAPL Section 753(4) before a warrant can issue.

Q: How should a New York eviction notice be signed and dated?

Show the date the notice is issued, have the landlord or property manager sign it, and record who served it, the date it was served, and the method used under RPAPL Section 735. Because every deadline in this notice runs from the date of service, not the date on the notice, keeping a signed record of service date and method matters if the case is later challenged in court.

New York eviction notice: the 14-day pay-rent-or-quit demand under RPAPL Section 711(2), plus the Notice to Cure. Free template. Attorney review available.

Introduction

An eviction notice is a written notice a landlord serves on a tenant to begin ending a tenancy for cause, before filing a summary proceeding in the applicable New York court. The template below is the actual notice to fill out and serve, not a broader walkthrough of how New York eviction law or Good Cause Eviction coverage works. New York splits the right to fix a problem across two different stages in a way most states don't. Fall behind on rent, and the landlord serves one 14-day written demand under RPAPL Section 711(2), a period the Housing Stability and Tenant Protection Act of 2019 tripled from the old 3-day demand while also eliminating the option of an oral demand. Breach a different lease term, and there's no matching statewide day-count notice at all: New York Courts self-help guidance describes a customary Notice to Cure (10 days to fix the problem) followed, only if the tenant doesn't, by a separate Notice of Termination (at least 30 days, ending on the last day of a rental period). Even that isn't the end of it. RPAPL Section 753(4) separately gives every residential tenant statewide a second chance to fix a lease breach after losing in court: a mandatory 30-day stay of the eviction warrant, running from judgment, not from any notice a landlord serves. Non-lease possessory grounds, like a squatter or a holdover after a foreclosure sale, get a flat 10-day notice to quit instead, with no cure offered under RPAPL Section 713.

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Key Things to Know

1
An eviction notice is a written notice a landlord must serve on a tenant to begin ending a tenancy for cause, before filing a summary proceeding (New York's eviction lawsuit) in the applicable court.
2
Nonpayment of rent gets a 14-day written rent demand, counted in calendar days. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) raised this from 3 days and eliminated the old option of an oral demand. (RPAPL Section 711(2))
3
A lease violation other than nonpayment has no single statewide cure-notice day count. New York Courts self-help guidance for cases outside New York City describes a customary Notice to Cure, giving the tenant 10 days to fix the problem, followed by a separate Notice of Termination of at least 30 days if the tenant doesn't. (RPAPL Section 711; nycourts.gov self-help guidance)
4
Even after a landlord wins a lease-breach case in court, the tenant gets one more chance: RPAPL Section 753(4) requires a 30-day stay of the eviction warrant, statewide, so the tenant can still correct the breach after judgment. This is separate from, and in addition to, any pre-filing cure notice.
5
Possessory grounds that don't depend on a lease, like an unlawful occupant, a licensee whose license ended, or a holdover after a foreclosure or tax sale, get a 10-day notice to quit with no cure option. Two narrow grounds under this same statute require no notice to quit at all. (RPAPL Section 713)
6
Ending a tenancy without cause, or raising the rent 5% or more on renewal, needs separate written notice tied to how long the tenant has lived there: 30 days under 1 year, 60 days for 1 to 2 years, 90 days over 2 years. (Real Property Law Section 226-c)
7
Notices must be served personally first, or left with a suitable person at the property if personal service can't reasonably be made, or, as a last resort, posted conspicuously or slid under the door, always followed by mailing within a day by both certified and first-class mail. There's no single mandated form, but a rent demand must state the amount owed and include the Real Property Law Section 231-c good cause eviction disclosure. (RPAPL Section 735; RPAPL Section 711(2))

Key decisions before you file

Before you file a Eviction Notice in New York, a few decisions shape the document: which option to choose and what each one means. The Eviction Notice guide walks through them.

Open the Eviction Notice guide

Customize your Eviction Notice Template with DocDraft

NEW YORK EVICTION NOTICE

[14-DAY NOTICE TO PAY RENT OR QUIT / NOTICE TO CURE / NOTICE OF TERMINATION / 10-DAY NOTICE TO QUIT / NOTICE OF NON-RENEWAL OR INCREASE]

Date of Notice: [DATE]

1. LANDLORD AND TENANT

Landlord/Property Manager: [LANDLORD'S FULL LEGAL NAME] Landlord's Address: [STREET ADDRESS, CITY, STATE, ZIP] Landlord's Phone: [PHONE NUMBER]

Tenant(s): [FULL LEGAL NAME(S) OF ALL TENANTS ON LEASE]

2. PREMISES

Rental Address: [STREET ADDRESS, UNIT/APT NUMBER, CITY, NEW YORK, ZIP CODE]

3. REASON FOR NOTICE

[SELECT ONE:]

Nonpayment of rent: Default of $[AMOUNT DUE] for [DATES]. Payment may be made to [NAME] at [ADDRESS/METHOD]. Demand for payment or possession in the alternative.
Curable lease violation (Notice to Cure): Violation of lease term: [DESCRIBE VIOLATION]. May be corrected within the cure period below.
Lease violation not cured (Notice of Termination): Following the Notice to Cure dated [DATE], uncorrected; tenancy will terminate as stated below.
Non-lease possessory ground (no cure offered): [Unlawful occupancy / expired or revoked license / holdover after foreclosure or tax sale]: [DESCRIBE]. No cure required. (RPAPL Section 713)
Non-renewal or rent increase of 5%+: [Tenancy will not be renewed / Renewal rent increases to $[AMOUNT]], effective on the date below.

4. CURE OR TERMINATION PERIOD

Nonpayment: 14 days from service to pay in full or vacate (calendar days).

Notice to Cure: 10 days from service to correct the violation.

Notice of Termination (after an uncured cure notice): ends 30 days from service, on the last day of a rental period.

Non-lease possessory ground: 10 days from service to vacate; no cure applies.

Non-renewal or rent increase: effective [30 / 60 / 90] days from service: 30 days under 1 year occupied, 60 days for 1-2 years, 90 days over 2 years.

Note (statewide, post-judgment only): if a lease-breach case is filed and the court finds the breach occurred, RPAPL Section 753(4) grants a further 30-day stay of the warrant to cure, regardless of the notice above.

5. COMPLY-OR-VACATE-BY DATE

Deadline: [DATE, calculated per the applicable period above from date of service]

6. STATUTORY BASIS

Served under New York RPAPL Sections 711, 713, and 753, and, for non-renewal/rent-increase notices, Real Property Law Section 226-c. Noncompliance may lead to a summary proceeding in the applicable New York City Housing Court, county, city, town, or village court.

Note (rent demand only): includes the RPL Section 231-c disclosure on coverage under, or exemption from, the good cause eviction law.

7. SERVICE / PROOF OF SERVICE

Method (RPAPL Section 735, in order): personal delivery, OR a suitable person at the property if personal delivery isn't reasonably possible, OR conspicuous posting/under-door placement as a last resort. The latter two also require mailing within a day, by both certified/registered and first-class mail.

Served by: [NAME OF PERSON SERVING NOTICE] Date served: [DATE] Method used: [PERSONAL / SUITABLE PERSON / CONSPICUOUS OR UNDER DOOR, PLUS MAIL]

Landlord Signature: _________________________ Date: [DATE]

Issued under New York RPAPL Sections 711, 713, 735, 753, and RPL Section 226-c. Confirm current statute wording; attorney review is available and optional. For the full national template, see the full Eviction Notice template.

New York Requirements for Eviction Notice

Notice Period for Nonpayment of Rent (New York Real Property Actions and Proceedings Law Section 711(2))
14-day written rent demand, counted in calendar days, stating the amount of rent claimed due and demanding payment or possession in the alternative. Must include the Real Property Law Section 231-c good cause eviction disclosure. Raised from 3 days, and the oral-demand option eliminated, by the Housing Stability and Tenant Protection Act of 2019.
Notice to Cure and Notice of Termination for Lease Violations (New York Real Property Actions and Proceedings Law Section 711; Section 753(4))
No single statewide statutory day count governs a pre-filing cure notice for an ordinary lease violation. New York Courts self-help guidance (outside New York City) describes a customary 10-day Notice to Cure followed, if uncured, by a Notice of Termination of at least 30 days, ending on the last day of a rental period. Separately and statewide, RPAPL Section 753(4) grants every residential tenant a further 30-day post-judgment stay of the warrant to cure a lease breach after the landlord has already won in court.
Service of Notice Requirements (New York Real Property Actions and Proceedings Law Section 735)
Personal delivery to the tenant is required first. If not reasonably possible, delivery to a person of suitable age and discretion who resides or works at the property. If neither is possible, affixing a copy conspicuously on the property or placing it under the entrance door. The latter two methods must also be followed by mailing a copy within one day, by both certified or registered mail and regular first-class mail. This hierarchy is cross-referenced by RPAPL Section 711(2)'s own text as governing service of the rent demand, not only the notice of petition and petition once a case is filed.
Governing Summary Proceeding Statute (New York Real Property Actions and Proceedings Law Article 7, Sections 701-768)
The statutory basis for every notice type on this page and the court process that follows if the tenant does not comply: New York Real Property Actions and Proceedings Law Article 7, "Summary Proceeding to Recover Possession of Real Property," Sections 701 through 768.
Non-Renewal and Rent-Increase Notice Period (New York Real Property Law Section 226-c)
Distinct from the for-cause notices above: ending a residential tenancy without cause, or raising the rent 5% or more on renewal, requires separate written notice tied to how long the tenant has occupied the unit: at least 30 days under 1 year, 60 days for 1 to 2 years, or 90 days over 2 years. Late or noncompliant notice extends the tenancy on its existing terms until the full notice period has elapsed.
Unconditional Notice to Quit for Non-Lease Possessory Grounds (New York Real Property Actions and Proceedings Law Section 713)
10-day notice to quit, with no cure option, for possessory grounds that do not depend on a landlord-tenant lease relationship: an unlawful occupant, a licensee whose license has expired or been revoked, a holdover after a foreclosure or tax sale, a former owner remaining after a voluntary conveyance, and similar grounds. Two narrow grounds within this same section (forcible or unlawful entry without three years of prior quiet possession, and certain employment-related possession) require no notice to quit at all.
No Prescribed Form, Mandatory Notice Content (New York Real Property Actions and Proceedings Law Section 711(2); New York Real Property Law Section 231-c)
No statute assigns a mandatory form number to a rent demand, Notice to Cure, Notice of Termination, or notice to quit. New York Courts publishes optional DIY programs that generate a Notice of Termination or a Notice of Petition and Petition. Specific content is legally required for a rent demand: the amount claimed due, a demand for payment or possession in the alternative, and the Real Property Law Section 231-c disclosure on coverage under, or exemption from, the good cause eviction law.

Frequently Asked Questions

How many days notice to evict a tenant in New York?

Can a landlord evict without notice in New York?

What must a New York eviction notice include or state?

Does New York require a specific eviction notice form, or can a landlord write their own?

What counts as curable versus incurable under New York law?

How do you calculate the deadline on a New York eviction notice?

What happens if the tenant doesn't respond to the notice by the deadline?

How should a New York eviction notice be signed and dated?

Introduction

Key Things to Know

Key decisions before you file

Customize your Eviction Notice Template with DocDraft

NEW YORK EVICTION NOTICE

[14-DAY NOTICE TO PAY RENT OR QUIT / NOTICE TO CURE / NOTICE OF TERMINATION / 10-DAY NOTICE TO QUIT / NOTICE OF NON-RENEWAL OR INCREASE]

1. LANDLORD AND TENANT

2. PREMISES

3. REASON FOR NOTICE

4. CURE OR TERMINATION PERIOD

5. COMPLY-OR-VACATE-BY DATE

6. STATUTORY BASIS

7. SERVICE / PROOF OF SERVICE

New York Requirements for Eviction Notice

Notice Period for Nonpayment of Rent (New York Real Property Actions and Proceedings Law Section 711(2))

Notice to Cure and Notice of Termination for Lease Violations (New York Real Property Actions and Proceedings Law Section 711; Section 753(4))

Service of Notice Requirements (New York Real Property Actions and Proceedings Law Section 735)

Governing Summary Proceeding Statute (New York Real Property Actions and Proceedings Law Article 7, Sections 701-768)

Non-Renewal and Rent-Increase Notice Period (New York Real Property Law Section 226-c)

Unconditional Notice to Quit for Non-Lease Possessory Grounds (New York Real Property Actions and Proceedings Law Section 713)

No Prescribed Form, Mandatory Notice Content (New York Real Property Actions and Proceedings Law Section 711(2); New York Real Property Law Section 231-c)

Frequently Asked Questions