📋 New York 10-Day Notice to Quit (Holdover)
Terminate Month-to-Month Tenancies (Upstate NY)
⚠️ CRITICAL: Upstate NY Month-to-Month ONLY
Use this 10-day notice ONLY for:
- Month-to-month tenancies OUTSIDE New York City
- Tenancies of LESS than 1 year duration
- Upstate NY properties (Buffalo, Rochester, Syracuse, Albany, etc.)
DO NOT use this notice for:
- NYC properties (different rules apply)
- Tenancies lasting 1 year or longer (requires 30-day notice)
- Tenancies lasting 2+ years (requires 90-day notice)
- Nonpayment of rent (use 3-day demand instead)
- Lease violations (use Notice to Cure)
📌 When to Use This Form
This 10-day notice is appropriate when:
- Tenant is on a month-to-month rental agreement (no written lease or lease expired)
- Tenancy has lasted less than 1 year total
- Property is located outside the 5 NYC boroughs
- You want to terminate the tenancy for any reason or no reason
- Rent is current (tenant is not behind on payments)
✅ No Reason Required
For month-to-month tenancies under 1 year, you do NOT need to provide a reason for termination. New York law allows landlords to end month-to-month tenancies with proper notice, regardless of cause (as long as termination is not discriminatory or retaliatory).
📝 Notice Information
Today’s date when you prepare this notice
Tenant Information
Include all tenants, occupants, and subtenants
Court jurisdiction is based on county
Tenancy Details
When did tenant first move in?
Calculated based on start date
Termination Date
Must be at least 10 days from service date AND at the end of a rental period
📅 Important Timing Rules
The termination date must be:
- At least 10 days after you serve this notice
- At the end of a rental period (typically the last day of the month)
Example: If you serve the notice on January 5th and rent is due the 1st of each month, the earliest termination date is January 31st (at least 10 days after service AND the end of the rental period).
Reason for Termination (Optional)
Providing a reason is optional. If you don’t provide one, simply state “terminating at will.”
Landlord/Agent Information
📚 Complete Guide to NY 10-Day Holdover Notices
Understanding New York’s Notice Period Requirements
New York law sets specific notice periods for terminating residential tenancies based on how long the tenant has occupied the property. These rules apply to upstate New York properties (NYC has different requirements).
| Length of Tenancy | Required Notice Period | Notice Must Expire | Legal Citation |
|---|---|---|---|
| Less than 1 year | 10 days | End of rental period | RPL § 232-a |
| 1 year to under 2 years | 30 days | End of rental period | RPL § 232-a |
| 2 years or more | 90 days | End of rental period | RPL § 232-a |
🚨 Critical: Calculate Tenancy Duration Correctly
The “length of tenancy” is measured from when the tenant FIRST moved in, not from when the current month-to-month period began.
Example: Tenant signed a 1-year lease starting January 1, 2023. Lease expired December 31, 2023, but tenant stayed on month-to-month. On June 1, 2024, you want to terminate.
- ❌ WRONG: “Month-to-month for 6 months = 10-day notice”
- ✅ CORRECT: “Tenant since Jan 2023 = 18 months total = 30-day notice required”
Using the wrong notice period results in automatic dismissal of your eviction case.
NYC vs. Upstate New York: Critical Differences
| Factor | NYC (All 5 Boroughs) | Upstate NY |
|---|---|---|
| Termination Notice Period | 30 days minimum (regardless of tenancy length) | 10/30/90 days (based on tenancy length) |
| Good Cause Eviction (2024) | Applies – must have valid reason to not renew | May apply in some localities – check local law |
| Legal Authority | NYC Admin Code; RPL § 232-c | RPL § 232-a |
| Court Venue | NYC Housing Court | City/Town/Village Court |
| Reason Required | Often yes (Good Cause Eviction Law) | Generally no (except retaliation/discrimination) |
| Right to Counsel | Yes – tenants get free lawyers | Limited legal aid availability |
Step-by-Step: Proper Termination Process
Calculate Tenancy Duration Accurately
Count from the tenant’s FIRST move-in date, not when the lease expired or month-to-month began:
- Check the original lease start date
- If no written lease, determine when tenant first took possession
- Count total months/years from move-in to present
- Use this total to determine required notice period (10/30/90 days)
Determine Rental Period End Date
The termination date must be at the end of a “rental period” – typically the last day of the month if rent is due monthly:
- Rent due 1st of month: Rental period = 1st through last day of month
- Rent due 15th of month: Rental period = 15th through 14th of next month
- Weekly rent: Rental period = end of the week
Example: Rent due January 1st. Serve notice January 5th. Earliest termination = January 31st (10+ days from service AND end of rental period).
Complete Notice With All Required Information
The notice must contain:
- Tenant’s full name (all occupants)
- Property address
- Clear termination date (specific date, not “10 days from service”)
- Statement that tenancy is being terminated
- Landlord’s name and contact information
You do NOT need to provide a reason for terminating a month-to-month tenancy under 1 year (except in NYC or jurisdictions with Good Cause laws).
Serve Notice Using Proper Method
Personal Service (Best): Hand the notice directly to the tenant. Note the date, time, and location.
Substituted Service: If tenant avoids personal service, deliver to a person of suitable age/discretion at tenant’s residence AND mail a copy to tenant.
Conspicuous Place + Mail: Affix notice securely to the door AND mail a copy via first-class mail.
Certified Mail (Alone Not Sufficient): While you can send certified mail as additional proof, it alone does not satisfy service requirements. Must use one of the above methods.
Wait for Termination Date to Pass
You cannot file an eviction lawsuit until AFTER the termination date has passed. If the notice says tenant must vacate by January 31st, you can file on February 1st.
If tenant moves out before the termination date, great! No lawsuit needed. Conduct move-out inspection and return security deposit within statutory time limits.
File Holdover Petition if Tenant Doesn’t Vacate
If tenant remains after the termination date, file a Holdover Petition in the appropriate court:
- Bring original notice, proof of service affidavit, and any rental agreement
- Pay filing fee ($15-$35 in most upstate courts)
- Court schedules hearing date (typically 2-4 weeks out)
- Serve tenant with court papers
- Attend hearing with evidence of proper notice
Common Mistakes That Destroy Your Case
❌ Top 10 Fatal Errors
- Wrong notice period for tenancy length: Used 10-day notice for a tenant who’s been there 18 months (requires 30 days). Case dismissed.
- Counting from lease expiration instead of move-in: Tenant moved in Jan 2022, 1-year lease expired Jan 2023, stayed month-to-month. On July 2024, landlord used 10-day notice thinking “6 months month-to-month.” Wrong – 2.5 years total requires 90 days.
- Termination date not at end of rental period: Notice says “vacate by the 15th” but rent is due on the 1st. Must terminate at month’s end.
- Notice period includes termination date: 10 days means 10 days BEFORE termination date, not including it.
- Filing lawsuit before termination date passes: Notice says vacate by Jan 31. Landlord files Jan 30. Too early – automatic dismissal.
- Using holdover notice for nonpayment: Tenant is behind on rent. Landlord serves 10-day termination notice instead of 3-day demand. Wrong procedure.
- Improper service method: Mailed notice without personal or substituted service. Insufficient – case dismissed.
- No proof of service affidavit: Without sworn statement of how/when notice was served, court cannot proceed.
- Using NYC notice period upstate: Upstate properties under 1 year need 10 days, not NYC’s 30 days. Follow correct statute for your location.
- Accepting rent after termination date: Notice says vacate Jan 31. Tenant pays February rent, landlord accepts it. This creates a new month-to-month tenancy – notice is waived.
Retaliation and Discrimination Prohibitions
While you don’t need to provide a reason for terminating a month-to-month tenancy, you CANNOT terminate for illegal reasons:
🚫 Prohibited Reasons for Termination
- Retaliation (RPL § 223-b): Cannot evict within 6 months of tenant complaint to code enforcement, rent withholding for repairs, or tenant organizing other tenants
- Discrimination (Fair Housing Act): Cannot evict based on race, color, religion, national origin, sex, familial status, or disability
- Source of income (many localities): Cannot evict because tenant has Section 8 voucher
- Exercising legal rights: Cannot evict because tenant requested repairs, filed warranty of habitability claim, or joined tenant association
If tenant proves illegal motive, your case will be dismissed and you may face damages.
What Happens After Serving the Notice
Scenario 1 – Tenant Vacates by Termination Date: Perfect outcome. Conduct move-out inspection, assess any damage beyond normal wear and tear, itemize security deposit deductions, and return deposit within required time (14-60 days depending on jurisdiction). Provide itemized statement of deductions.
Scenario 2 – Tenant Requests More Time: You can agree to extend the termination date by written agreement. This is optional – you’re not required to grant extensions. If you do agree, get it in writing with a specific new move-out date.
Scenario 3 – Tenant Refuses to Leave: After termination date passes, file a Holdover Petition in court. You cannot force tenant out yourself – self-help eviction is illegal. Only a marshal or sheriff with a court order can physically remove a tenant.
Scenario 4 – Tenant Pays Rent After Termination Date: Do NOT accept rent payment after the termination date. Accepting payment creates a new month-to-month tenancy and waives your termination notice. You’d have to start over with a new notice. If tenant sends rent, return it uncashed or hold it pending court outcome.
Security Deposit Rules
After tenant vacates (whether voluntarily or by eviction), New York landlords must:
✅ Security Deposit Return Requirements
- Conduct move-out inspection: Document property condition with photos/video. Compare to move-in condition report.
- Calculate deductions: Can deduct for unpaid rent, damage beyond normal wear and tear, cleaning if necessary. Cannot deduct for normal wear and tear (paint fading, carpet wear, minor scuffs).
- Provide itemized statement: List each deduction with amount and description. Include receipts for repairs if possible.
- Return deposit promptly: Most localities require return within 14-30 days. Check local rules. Some areas require return within “reasonable time” (60 days maximum).
- Pay interest if required: Some localities require interest on security deposits held more than 1 year.
Court Process Timeline (Upstate NY)
- Day 1: Serve 10-day notice on tenant
- Day 11+: Termination date (end of rental period at least 10 days after service)
- Day 12: File Holdover Petition in court if tenant doesn’t vacate
- Day 13-15: Serve tenant with court summons and petition
- Day 20-30: Court hearing date
- Day 21-35: If landlord wins, obtain judgment and warrant of eviction
- Day 36-50: Sheriff schedules physical eviction
- Day 51: Physical eviction if tenant hasn’t vacated
Typical total timeline: 40-60 days from notice to physical eviction if tenant contests. Faster (20-30 days) if tenant doesn’t appear in court or agrees to leave.
Costs of Holdover Eviction (Upstate NY)
💰 Budget for These Expenses
- Attorney fees: $750-$2,500 (optional – many landlords self-represent)
- Court filing fee: $15-$35
- Process server: $50-$150 for serving notice and court papers
- Sheriff eviction fee: $50-$200
- Storage of belongings: $200-$1,000 if tenant leaves property
- Lost rent: 1-2 months typically ($1,000-$2,500 for $1,200/month)
- Turnover costs: $1,500-$5,000 (cleaning, repairs, repainting)
- TOTAL RANGE: $2,500-$11,000+
Alternatives to Eviction
💡 Options That Avoid Court
- Cash-for-keys: Offer tenant $500-$1,500 to vacate by specific date. Get agreement in writing. Often cheaper and faster than eviction. Tenant avoids eviction record.
- Extended move-out period: Give tenant 30-60 days instead of 10 days. More likely they’ll leave voluntarily. Include in written agreement.
- Mutual termination agreement: Both parties sign agreement ending tenancy on specific date. Tenant gets reference letter, you get possession without court.
- Help with moving costs: Offer to pay for moving truck rental ($150-$300). Small investment to avoid court delays and attorney fees.
- Mediation: Some courts offer free mediation. Neutral third party helps negotiate move-out agreement both parties can accept.
When to Hire an Attorney
Self-Representation Often Works For:
- Simple holdover case with proper notice
- Tenant is unrepresented
- No complicating factors (property well-maintained, no retaliation issues)
- Small rural courts where procedures are straightforward
- You’ve done evictions before
Hire Attorney If:
- Tenant has an attorney (even legal aid)
- Tenant claims retaliation or discrimination
- There are habitability issues with the property
- You’re unsure about any procedural requirements
- This is your first eviction
- Property is in a city with tenant-friendly judges (Buffalo, Rochester, Syracuse, Albany)
Good Cause Eviction Law (2024)
In 2024, New York enacted a “Good Cause Eviction” law that may affect some upstate properties. This law:
- Applies to buildings with 10+ units built before 1974, or smaller buildings with government subsidies
- Requires landlords to have “good cause” to not renew a lease or terminate month-to-month
- Defines good cause as: nonpayment, lease violations, illegal use, owner occupancy, substantial renovation, or going out of rental business
- Does NOT apply to most single-family homes, condos, 2-4 unit buildings, or newer construction
⚠️ Check if Good Cause Applies to Your Property
If your property has 10+ units and was built before 1974, you may need “good cause” to terminate a month-to-month tenancy. Consult an attorney before serving a termination notice on these properties.
Small landlords (under 10 units) and newer buildings are generally exempt, but some localities may have their own Good Cause ordinances.
⚖️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. New York landlord-tenant law varies significantly by location and property type. The 10-day notice period applies ONLY to month-to-month tenancies of less than 1 year duration in upstate New York.
Using the wrong notice period is a common error. Tenancies lasting 1-2 years require 30 days notice. Tenancies of 2+ years require 90 days notice. NYC properties have different requirements. Calculate tenancy duration from FIRST move-in date, not from when the lease expired. Errors in notice period calculation result in automatic case dismissal.
The termination date must be at the end of a rental period. If rent is due the 1st of the month, termination must be on the last day of a month. Terminating mid-rental-period invalidates the notice. Also ensure at least 10 days between service date and termination date.
New York’s Good Cause Eviction Law (2024) may require landlords of certain properties to have valid reasons for terminating month-to-month tenancies. This law applies to some buildings with 10+ units. Check if your property is covered before serving a termination notice.
We recommend consulting a qualified New York landlord-tenant attorney if you’re unsure about notice period requirements, Good Cause Eviction applicability, or proper termination procedures. An attorney consultation costs $150-$300 and can prevent costly errors that result in case dismissal and wasted time.
