A New York eviction notice is essential for landlords initiating tenant eviction. This notice adheres to state law, providing tenants with the mandated timeframe to address the situation or vacate the premises.
30-Day Notice to Quit for Non-Compliance (Curable)
Begin evicting a tenant if they’ve broken the terms of your lease and the violation is curable (i.e., “fixable”).
30-Day Notice to Quit for Non-Compliance (Incurable)
Begin evicting a tenant if they’ve broken the terms of your lease and the violation is incurable.
Eviction Laws & Requirements
- Grounds for an Eviction Lawsuit: NY. Real Prop. Acts § 711.
- Grace Period for Rent Payment: New York has a five-day grace period. 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.
How to Evict a Tenant in New York?
In New York, evictions are governed by Article 7, Real Property Actions & Proceedings of the Consolidated Laws of 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 ten 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 provide a lease termination notice.
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, citing 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 establishes 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 in 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 papers.
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 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, the landlord can ask for a default judgment if the tenant does not appear at the New York court hearing or provide an answer.
Step 7: Await a Judgment and Warrant for Eviction
Once the judge signs the judgment, the landlord can 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 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 need for 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 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 they’ll be evicted if they don’t pay the past-due rent. It also informs the tenant of the months and amounts of rent they owe and must be given to the tenant at least 14 days before the case is started.