⚖ New York 10-Day Notice to Quit
Holdover Tenant — RPAPL § 711(1)
RPAPL § 711(1) — Holdover: Use this notice when a tenant remains after the lease has expired or after a tenancy has been terminated. Tenant has 10 days to vacate. Do not accept rent after serving this notice without legal advice — it may create a new tenancy. Complete an Affidavit of Service after serving.
🏠 Rental Property
👤 Tenant & Lease Details
10-Day Deadline: Tenant must vacate within 10 days. After this period file a holdover petition in Housing Court. Do not accept rent after serving this notice.
👔 Landlord / Agent
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🔍 Order Tenant Screening →New York 10-Day Notice to Quit (Holdover) — Landlord Guide
A holdover tenant is one who remains in possession after the lease has expired or been legally terminated. Under RPAPL § 711(1), you must serve a 10-day notice to quit before filing a holdover eviction petition in Housing Court.
Do Not Accept Rent
Accepting rent after serving a holdover notice can create a new month-to-month tenancy and waive your right to proceed with eviction. Consult an attorney before accepting any payment after notice is served.
NYC Rent Stabilized Holdovers
For NYC rent stabilized apartments, holdover proceedings have additional requirements including DHCR compliance and, in some cases, the 90-day notice rule. Review NY eviction notice laws and consult an attorney for stabilized units.
⚖ Legal Disclaimer
This form is for informational purposes only and does not constitute legal advice. New York landlord-tenant law is complex and varies between upstate NY and NYC. Improper notice or procedure can result in case dismissal and penalties. Consult a qualified New York landlord-tenant attorney before proceeding. See our editorial standards for accuracy details.
