How to Serve a Notice to Vacate in New York (2026)
Reviewed by DocDraft Legal Team · New York · Last updated 2026-05-25
New York Real Property Actions and Proceedings Law § 711(2) requires landlords to serve a fourteen-day written rent demand before filing a nonpayment proceeding. Non-renewal and rent-increase notices run on the tiered schedule in Real Property Law § 226-c (30 days under one year, 60 days for 1 to 2 years, 90 days for 2 years or more) enacted by the Housing Stability and Tenant Protection Act of 2019. The Good Cause Eviction Law (RPL Article 6-A, effective April 20, 2024) applies automatically in New York City and is opt-in elsewhere; covered tenancies can only be terminated for one of ten enumerated grounds in § 216. Every notice must carry the RPL § 231-c disclosure identifying whether the unit is Good-Cause covered.
How do I serve a notice to vacate in New York?
For nonpayment, New York landlords must first serve a written fourteen-day rent demand under RPAPL § 711(2). Post-HSTPA (2019), no prior oral demand is permitted and no shorter notice is allowed. The demand must state the amount of rent claimed due, identify the rental period, demand payment or possession within fourteen days, and include the RPL § 231-c disclosure notice. Service must follow RPAPL § 735: personal delivery, substitute service on a person of suitable age and discretion plus dual mailing, or conspicuous-place service plus dual mailing by certified or registered mail and regular first-class mail.
When does New York's Good Cause Eviction Law apply?
Real Property Law Article 6-A (the Good Cause Eviction Law), signed April 20, 2024 and effective immediately, applies automatically to all covered housing accommodations in New York City under RPL § 212. Outside New York City, the law applies only in a village, town, or non-NYC city that opts in by local law under RPL § 213. For covered tenancies, RPL § 215 bars removal or non-renewal except for one of the ten enumerated grounds in § 216, including nonpayment, substantial lease violation with 10-day cure, nuisance, illegal use, owner personal use, demolition, and good-faith withdrawal from the rental market. Article 6-A is scheduled to repeal on June 15, 2034.
What are New York's notice periods for lease non-renewal?
Real Property Law § 226-c, enacted by HSTPA (2019), sets tiered notice periods based on the length of the tenancy. 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 must provide at least 30 days' notice. For occupancy between one and two years, the requirement is 60 days. For occupancy of two years or more, the requirement is 90 days. The same tiered schedule applies whenever a landlord proposes a renewal rent increase of 5% or more. If the landlord fails to give timely notice, the tenancy continues under the existing terms until the full notice period has elapsed.
What court handles eviction in New York after notice expires?
Inside New York City, the Civil Court of the City of New York, Housing Part (commonly 'Housing Court') hears summary proceedings to recover possession of real property under RPAPL Article 7. The NYC Housing Court filing fee is $45 per the NYC Courts Housing Court fees page. Outside New York City, summary proceedings are filed in the City Court, Town Court, or Village Court of the municipality where the property is located. The notice of petition, petition, and predicate notice (with proof of service) must be filed within 3 days after personal delivery or 3 days after the mailing component of substitute or conspicuous-place service under RPAPL § 735(2).
New York's HSTPA 2019 plus Good Cause Eviction 2024 layered overlay
New York landlord-tenant law was rewritten twice in five years. The Housing Stability and Tenant Protection Act of 2019 (HSTPA, L. 2019, ch. 36, Part M) replaced the fixed one-month non-renewal notice with the tiered 30/60/90-day schedule in RPL § 226-c and extended the predicate rent demand from three days to fourteen under RPAPL § 711(2). Five years later, the Good Cause Eviction Law (RPL Article 6-A, L. 2024, ch. 56, Part HH, signed April 20, 2024) layered a just-cause framework on top: in New York City (automatically) and in opt-in localities, lease non-renewal of a covered tenancy is no longer permitted absent one of the ten enumerated grounds in § 216, and presumptively-reasonable rent increases are capped at the lower of CPI plus 5% or 10%. The two statutes sit on top of pre-existing NYC rent stabilization and rent control regimes (the Emergency Tenant Protection Act and NYC Rent Stabilization Law) that impose their own just-cause renewal and notice procedures. Every landlord notice must now include the RPL § 231-c disclosure (effective August 18, 2024) stating whether the unit is covered by Article 6-A and, if exempt, which of the 14 enumerated exemptions applies; omission is a defense to the summary proceeding. Article 6-A is set to repeal June 15, 2034 absent reauthorization. The New York State Unified Court System publishes Housing Court self-help resources at nycourts.gov/courthelp.
Non-renewing a two-year NYC tenancy under Good Cause and § 226-c
Suppose a landlord owns a 12-unit Brooklyn building (not rent-stabilized) and a tenant has occupied a unit for 26 months at $3,200 per month. Because the building sits in New York City, RPL § 212 applies the Good Cause Eviction Law automatically. The landlord cannot simply decline to renew; under RPL § 215 the landlord must establish one of the ten enumerated grounds in § 216, such as owner personal use under § 216(g), good-faith demolition under § 216(h), or good-faith withdrawal from the rental market under § 216(i). For owner personal use, § 216(g) carves out tenants who are 65 or older or disabled, who cannot be removed on this ground. Because the tenancy exceeds two years, RPL § 226-c requires at least 90 days' written notice. The notice must include the RPL § 231-c disclosure stating that the unit is covered by Article 6-A and identifying the § 216 ground relied on. Service runs under RPAPL § 735. If the tenant does not vacate at the end of the 90-day period, the landlord files a holdover summary proceeding under RPAPL § 711(1) in the NYC Civil Court Housing Part, pays the $45 filing fee, and attaches the predicate notice and proof of service. Tenants in NYC Housing Court are entitled to counsel under Local Law 136 (2017) as expanded by Local Law 53 (2021).
Landlord Resources
New York State Unified Court System. CourtHelp Housing self-help center
Official judicial-branch self-help resource covering nonpayment and holdover proceedings, the 14-day rent demand, § 226-c non-renewal notices, and summary-proceeding filing requirements under RPAPL Article 7.
Real Estate Board of New York (REBNY)
New York's principal industry association for residential and commercial property owners, managing agents, and brokers. Publishes compliance bulletins on HSTPA, the Good Cause Eviction Law, and § 231-c disclosure requirements.
Rent Stabilization Association of NYC (RSA)
Trade association for owners of rent-stabilized and rent-controlled housing in New York City. Member resources include form notices, service-of-process guidance, and Housing Court filing checklists.
Relevant Laws
N.Y. Real Property Law § 226-c (Notice of Non-Renewal or Rent Increase)
HSTPA-enacted tiered notice periods: 30 days for tenancies under one year, 60 days for one to two years, 90 days for two years or more. Triggered by non-renewal or by a proposed rent increase of 5% or more.
N.Y. Real Property Actions and Proceedings Law § 711 (Grounds for Summary Proceeding)
Enumerates the grounds for summary holdover and nonpayment proceedings, including the post-HSTPA 14-day written rent demand under § 711(2) and the illegal-use ground under § 711(5).
N.Y. Real Property Actions and Proceedings Law § 735 (Service of Notice of Petition)
Authorizes personal delivery, substitute service on a person of suitable age and discretion plus dual mailing, and conspicuous-place service plus dual mailing by certified or registered mail and regular first-class mail.
N.Y. Real Property Law Article 6-A (Good Cause Eviction Law, §§ 210-218)
Effective April 20, 2024. Automatically applies in New York City (§ 212), opt-in elsewhere (§ 213). Bars removal or non-renewal of covered tenancies except on one of the ten enumerated grounds in § 216. Repeals June 15, 2034.
N.Y. Real Property Law § 231-c (Mandatory Good Cause Disclosure Notice)
Effective August 18, 2024. Requires every initial lease, renewal, § 226-c notice, RPAPL § 711(2) demand, and RPAPL § 741 petition to include a written disclosure identifying whether the unit is covered by Article 6-A and, if exempt, which of 14 enumerated exemption categories applies.
N.Y. Real Property Law § 223-b (Retaliation Prohibition)
Bars notices to quit, eviction actions, lease non-renewal, and unreasonable rent increases in retaliation for protected tenant activities. Creates a rebuttable presumption of retaliation for landlord actions within one year of the protected activity.
N.Y. Real Property Law § 753(4) (Ten-Day Cure Period for Substantial Lease Violations)
Requires NYC summary proceedings premised on lease default to grant a stay of at least ten days to permit the tenant to cure. Mirrored for Good-Cause-covered tenancies by RPL § 216(b)'s 10-day cure requirement.
Regional Variances
Notice-to-vacate rules across New York jurisdictions
New York City (Civil Court, Housing Part)
Good Cause Eviction Law applies automatically under RPL § 212. Just-cause grounds in § 216 control all non-renewals of covered tenancies. NYC rent stabilization and rent control add a separate just-cause renewal regime on top for covered units. Tenants are entitled to counsel under Local Law 136 (2017) as expanded by Local Law 53 (2021). Filing fee $45 per the NYC Courts Housing Court fees page.
Buffalo, Rochester, Syracuse, Albany city courts
Good Cause Eviction does not apply unless the city has affirmatively opted in under RPL § 213. Albany adopted a pre-Article 6-A just-cause ordinance that remains in force to the extent more protective. Summary proceedings are filed in the local City Court rather than a dedicated Housing Court; filing fees and local rules vary.
Hudson Valley municipalities (Newburgh, Beacon, Kingston, Poughkeepsie, Hudson)
Each adopted a local just-cause ordinance before Article 6-A took effect. Landlords in these jurisdictions should treat their notice-to-vacate sequence as governed by the local ordinance plus the statewide RPL § 226-c tiered schedule and RPL § 231-c disclosure requirement, and confirm whether the locality has also opted in to Article 6-A under § 213.
Town and village courts (rural and suburban New York)
Summary proceedings are filed in the Town Court or Village Court of the municipality where the property is located. RPAPL Article 7 controls procedure. The Good Cause Eviction Law applies only if the village or town has opted in by local law under RPL § 213.
RPL § 231-c disclosure (statewide)
Required on every 14-day rent demand, every § 226-c non-renewal or 5%-or-more rent-increase notice, every initial and renewal lease, and every RPAPL § 741 petition since August 18, 2024. The disclosure identifies whether the unit is covered by Article 6-A and, if exempt, which of the 14 enumerated exemption categories applies. Statewide reach, regardless of NYC vs upstate location.
Suggested Compliance Checklist
Confirm whether the unit is covered by the Good Cause Eviction Law
Before drafting any notice days after startingIf the property sits in New York City, RPL § 212 applies Article 6-A automatically. Outside NYC, check whether the village, town, or city has opted in under RPL § 213. Coverage determines whether non-renewal requires one of the ten enumerated § 216 grounds and whether rent increases are capped at the lower of CPI plus 5% or 10%.
Identify the statutory cause and select the correct notice
Before drafting any notice days after startingNonpayment: 14-day written rent demand under RPAPL § 711(2). Lease-end or non-renewal: tiered notice under RPL § 226-c (30 days under 1 year, 60 days for 1 to 2 years, 90 days for 2+ years). Substantial lease violation: 10-day cure notice (RPL § 753(4) in NYC; RPL § 216(b) for Good-Cause-covered tenancies). Illegal use: notice to quit under RPAPL § 711(5) with no cure right.
Draft the predicate notice with the § 231-c disclosure attached
Before service days after startingEvery 14-day rent demand and § 226-c notice must include the RPL § 231-c disclosure stating whether the unit is covered by Article 6-A and, if exempt, which of the 14 enumerated exemption categories applies. The 14-day demand must state the amount of rent claimed due, identify the rental period, and demand payment or possession in the alternative. For Good-Cause-covered non-renewals, the notice must identify the § 216 ground.
Serve the notice per RPAPL § 735
Notice period begins on completed service days after startingPersonal delivery completes service immediately. Substitute service requires delivery to a person of suitable age and discretion plus dual mailing (certified or registered, plus regular first-class) within one day. Conspicuous-place ('nail and mail') service requires affixing or under-the-door placement plus the same dual mailing within one day. Certified mail alone is not authorized.
Run the notice period in full before filing
14, 30, 60, or 90 days after service depending on cause and tenancy length days after startingFiling before the notice period expires is a defense to the summary proceeding. Late or non-compliant § 226-c notice extends the tenancy on existing terms until the full notice period has elapsed, regardless of any lease provision to the contrary.
File the notice of petition, petition, and proof of service
Within 3 days after personal delivery or after the mailing component of substitute or conspicuous-place service days after startingFiling window under RPAPL § 735(2). Inside NYC, file in the Civil Court of the City of New York, Housing Part. Outside NYC, file in the City Court, Town Court, or Village Court of the municipality where the property is located. NYC Housing Court filing fee is $45 per the NYC Courts Housing Court fees page; non-refundable.
Confirm no retaliation or protected-class defense applies
Before filing days after startingRPL § 223-b creates a rebuttable presumption of retaliation if the landlord's adverse action follows a tenant's protected complaint or activity within one year. Check SCRA status for any servicemember tenant before pursuing default. For Good-Cause-covered owner-use non-renewals, § 216(g) bars removal of tenants 65 or older or disabled.
Appear at the hearing and request the warrant of eviction
On the return date set by the court days after startingBring the original lease, ledger, predicate notice, § 231-c disclosure, proof of service, and any documentation of the § 216 ground for Good-Cause-covered tenancies. If the court enters judgment for the landlord, request a warrant of eviction. NYC Housing Court issues the warrant to a city marshal; outside NYC, the warrant is executed by the sheriff or local enforcement officer.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether the unit is covered by the Good Cause Eviction Law | If the property sits in New York City, RPL § 212 applies Article 6-A automatically. Outside NYC, check whether the village, town, or city has opted in under RPL § 213. Coverage determines whether non-renewal requires one of the ten enumerated § 216 grounds and whether rent increases are capped at the lower of CPI plus 5% or 10%. | - | Before drafting any notice |
| Identify the statutory cause and select the correct notice | Nonpayment: 14-day written rent demand under RPAPL § 711(2). Lease-end or non-renewal: tiered notice under RPL § 226-c (30 days under 1 year, 60 days for 1 to 2 years, 90 days for 2+ years). Substantial lease violation: 10-day cure notice (RPL § 753(4) in NYC; RPL § 216(b) for Good-Cause-covered tenancies). Illegal use: notice to quit under RPAPL § 711(5) with no cure right. | - | Before drafting any notice |
| Draft the predicate notice with the § 231-c disclosure attached | Every 14-day rent demand and § 226-c notice must include the RPL § 231-c disclosure stating whether the unit is covered by Article 6-A and, if exempt, which of the 14 enumerated exemption categories applies. The 14-day demand must state the amount of rent claimed due, identify the rental period, and demand payment or possession in the alternative. For Good-Cause-covered non-renewals, the notice must identify the § 216 ground. | lease-termination-letter | Before service |
| Serve the notice per RPAPL § 735 | Personal delivery completes service immediately. Substitute service requires delivery to a person of suitable age and discretion plus dual mailing (certified or registered, plus regular first-class) within one day. Conspicuous-place ('nail and mail') service requires affixing or under-the-door placement plus the same dual mailing within one day. Certified mail alone is not authorized. | - | Notice period begins on completed service |
| Run the notice period in full before filing | Filing before the notice period expires is a defense to the summary proceeding. Late or non-compliant § 226-c notice extends the tenancy on existing terms until the full notice period has elapsed, regardless of any lease provision to the contrary. | - | 14, 30, 60, or 90 days after service depending on cause and tenancy length |
| File the notice of petition, petition, and proof of service | Filing window under RPAPL § 735(2). Inside NYC, file in the Civil Court of the City of New York, Housing Part. Outside NYC, file in the City Court, Town Court, or Village Court of the municipality where the property is located. NYC Housing Court filing fee is $45 per the NYC Courts Housing Court fees page; non-refundable. | - | Within 3 days after personal delivery or after the mailing component of substitute or conspicuous-place service |
| Confirm no retaliation or protected-class defense applies | RPL § 223-b creates a rebuttable presumption of retaliation if the landlord's adverse action follows a tenant's protected complaint or activity within one year. Check SCRA status for any servicemember tenant before pursuing default. For Good-Cause-covered owner-use non-renewals, § 216(g) bars removal of tenants 65 or older or disabled. | - | Before filing |
| Appear at the hearing and request the warrant of eviction | Bring the original lease, ledger, predicate notice, § 231-c disclosure, proof of service, and any documentation of the § 216 ground for Good-Cause-covered tenancies. If the court enters judgment for the landlord, request a warrant of eviction. NYC Housing Court issues the warrant to a city marshal; outside NYC, the warrant is executed by the sheriff or local enforcement officer. | - | On the return date set by the court |
Frequently Asked Questions
Fourteen days. RPAPL § 711(2), as amended by HSTPA in 2019, requires a written fourteen-day rent demand before a nonpayment summary proceeding can be filed. The demand must state the amount of rent claimed due, identify the rental period, demand payment or possession in the alternative, and include the RPL § 231-c disclosure notice. The prior three-day demand and the predicate oral demand option were eliminated by HSTPA.
Only if the locality opts in. RPL § 212 makes Article 6-A automatic in New York City. RPL § 213 lets any village, town, or non-NYC city adopt Article 6-A by local law, and adopting localities may set their own small-landlord threshold (default 10 units) and fair-market-rent ceiling (default 245% of HUD FMR). As of 2026-05-25, opt-in adoption has been limited. Pre-2024 just-cause ordinances in Albany, Newburgh, Beacon, Kingston, Poughkeepsie, and Hudson preceded Article 6-A and remain in effect to the extent they are more protective.
A defective predicate notice is a complete defense to the summary proceeding and typically forces dismissal. Common defects include omitting the RPL § 231-c disclosure required since August 18, 2024, providing fewer than the 14, 30, 60, or 90 days the statute requires, failing to comply with the RPAPL § 735 service rules (including the mandatory dual mailing for substitute or conspicuous-place service), and miscalculating the tenancy-duration tier under RPL § 226-c. Late or non-compliant § 226-c notice extends the tenancy on the existing terms until the full notice period has elapsed.
Yes, in Good-Cause-covered tenancies. RPL § 216(g) authorizes a landlord to recover the unit for personal residence of themselves or qualifying family members, but expressly carves out tenants who are 65 or older or who are disabled. Outside Article 6-A coverage, NYC rent-stabilized tenancies separately protect senior and disabled tenants from owner-use non-renewals through the Rent Stabilization Law and Code. The tenant must typically provide documentation of age or disability when asserting the protection.
No. Under RPAPL § 735(1) certified mail is not a stand-alone method of serving the notice of petition and petition. Certified or registered mail is required only as part of the dual mailing that follows substitute service on a person of suitable age and discretion, or conspicuous-place ('nail and mail') service. Personal delivery completes service immediately. Substitute and conspicuous-place service require the certified or registered mailing plus regular first-class mailing within one day of the delivery or affixing.
No. RPL § 223-b bars a landlord from serving a notice to quit, commencing an eviction action, refusing to renew a lease, or imposing an unreasonable rent increase in retaliation for a tenant's good-faith complaint about housing conditions, enforcement of tenant rights, or participation in a tenants' organization. A landlord's adverse action within one year of the tenant's protected activity creates a rebuttable presumption of retaliation, shifting the burden to the landlord to prove a non-retaliatory motive.
No. New York has not enacted a statewide automatic-sealing statute for eviction filings as of 2026-05-25. The Statewide Eviction Records Sealing Act (sometimes called the Tenant Fair Chance Act) has been introduced as S2017/A6027 in recent legislative sessions but has not become law. Eviction records remain public and discoverable through court databases and tenant-screening reports.
Yes, under federal law. The Servicemembers Civil Relief Act (50 U.S.C. § 3955) lets active-duty servicemembers terminate a residential lease at any time after entering military service or receiving qualifying military orders, with 30 days' written notice from the next rent due date. SCRA also protects servicemember tenants from default judgments in eviction proceedings without court appointment of counsel. Landlords must check SCRA status before filing default.
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