If you’re a landlord seeking to evict a tenant, use a New York (NY) eviction notice to begin the process. Your eviction notice must be written according to New York state law, and give your tenant the legally required amount of time to respond or move out.
In New York, evictions are governed by Article 7 Real Property Actions & Proceedings of the Consolidated Laws of New York.
New York Eviction Notices by Type
Download a free eviction notice customized for New York state law below in MS Word (.docx) or Adobe PDF format.
10-Day Notice to Quit: Use this notice to begin evicting a tenant if they’re squatting on your property. In this situation, landlords must give tenants 10 days’ notice to move out.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a lease, and that they must prepare to leave your property. In New York, landlords must give tenants 30 days’ notice to move out.
30-Day Notice to Quit for Non-Compliance (Curable): Use this notice to begin evicting a tenant if they’ve broken the terms of your lease and the violation is curable (i.e., “fixable”). In New York, landlords must give tenants 30 days’ notice before the eviction process. In that time, tenants have the option to fix the problem and continue with the lease.
30-Day Notice to Quit for Non-Compliance (Incurable): Use this notice to begin evicting a tenant if they’ve broken the terms of your lease and the violation is incurable. In this situation, landlords must give tenants 30 days’ notice before the eviction process. In that time, tenants don’t have the option to fix (or “cure”) the problem, and must move out or risk being forcibly evicted by a court order.
14-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In New York, landlords must give tenants 14 days to pay rent before the eviction process can proceed in court.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
Eviction Laws & Requirements
- Grounds for an Eviction Lawsuit: N.Y. Real Prop. Acts § 711
- Grace Period for Rent Payment: There is a five-day grace period in New York. If the rent is more than five days late, the landlord can charge a late fee of $50 or 5% of the monthly rent amount, whichever is less.
- Late or Non-Rent Payment Notice: 14-day § 711(2)
- Notice to Quit: 10-day § 713
- Notice of Non-Compliance: 30-day § 753(4)
- Lease Termination (Month-to-Month): 30-day § 232-A and § 232-B
What is the Eviction Process in New York?
Step 1: Provide notice
Before the landlord can begin the eviction process in New York, the landlord must provide notice of the non-payment of rent or lease violation. If the eviction is due to a non-rent related lease violation, the landlord provides a notice to quit or cure and the tenant has 10 days to correct the violation. If the tenant corrects it, no further action can be taken. If the tenant doesn’t correct it, the landlord can then provide a notice of lease termination.
If the landlord is evicting the tenant for not paying rent, the landlord must first provide a late rent notice. The tenant has 14 days from the date of the notice to pay the rent.
Step 2: Prepare the necessary legal documents
The landlord prepares the necessary Notice of Petition and Petition which cites why the landlord is evicting the tenant.
A Notice of Petition provides written notice to a tenant that a court case has been filed. This notice tells the tenant when and where to come to court.
A Petition starts the legal case, and established the facts that give the landlord the right to evict their tenant(s).
Step 3: File the Petition and Notice of Petition
The landlord files a Petition with the district or housing court of the county where the rental unit is located. The court clerk gives the landlord a court date, time, and place, which is included on the Notice of Petition. The court date must be between 10 and 17 after the tenant is served with these documents.
Step 4: Serves the tenant with the Notice of Petition and Eviction Petition
The landlord must legally serve the tenant with the documents. This usually includes leaving the notice at the tenant’s door, or having a private or public process server serve the tenant with the documents.
Step 5: Wait for tenant to provide an answer
The tenant can contest the statements in the petition and state their defense. For instance, a valid defense could be that the tenant paid rent after the eviction process began and it was accepted, or the landlord asked for additional damages not permitted by New York law.
Step 6: Attend the court hearing
The burden of proof is on the landlord, meaning it’s their responsibility to prove their case at the hearing. However, if the tenant does not appear at the New York court hearing or provide an answer, the landlord can ask for a default judgment.
Step 7: Await a judgment and warrant for eviction
Once the judge signs the judgment, the landlord can then obtain a warrant for eviction. The sheriff posts this notice on the rental unit and the tenant has 72 hours to vacate the property.
Step 8: Proceed with the eviction
A marshal or sheriff may come and physically remove the tenant from the premises. The landlord can also change the locks to the rental unit at that time.
Related Court Forms
New York offers an interactive program that provides the court forms you will need to carry out a lawful eviction. You can register for a free account and then provide basic information about the landlord, tenant, the unit, and the reason for eviction. Written instructions can also be printed so that the landlord can follow them step-by-step.
The necessary forms automatically populate, including the rent demand, also known as a late rent notice. This form warns the tenant that if they don’t pay the past due rent then they’ll be evicted. It also informs the tenant of the months and amounts of rent that they owe and must be given to the tenant at least 14 days before the case is started.
Eviction Information for New York Landlords and Tenants
New York landlords must carefully carry out the eviction process by following the applicable state and city laws. You can get additional assistance from the following sources:
- Landlord Nonpayment/Eviction/Rent Demand Program: This is an interactive program that allows you to create your own DIY forms if you do not have a lawyer.
- Small Property Owner Nonpayment Petition Program: This program is for New York City landlords to create their DIY eviction forms.
- Evicting a Tenant: Provides basic steps and tips to follow when evicting a tenant in New York.
- Marshals Evictions FAQs: Provides comprehensive information on using NYC’s marshal services for eviction purposes.
Know your tenant rights to fight an eviction. Here are some good places to start:
- Tenant Questions & Answers in Nonpayment Eviction Cases: Provides thorough information to tenants about the eviction process in New York for nonpayment.
- New York State Attorney General Tenants’ Rights Guide: Provides information about the eviction process and resources that may help you pay your rent.
- Tenant Vacate Default Judgment Program: Explains why you were unable to appear at your court hearing and asks the court to vacate the default judgment made in the case.
- New York City Commission on Human Rights: You can file a complaint with this organization if you believe you are being discriminated against based on your source of income.