Free New York 10-Day Notice to Cure (Holdover)
New York 10-day notice to cure curable lease violations under RPAPL §753. Tenant has 10 days to cure the violation or face holdover summary proceeding. Rent-stabilized tenancies governed by RSC §2524.3.
Free New York 10-Day Notice to Cure (Holdover) — overview
A New York 10-Day Notice to Cure (Holdover) is a New York 10-day cure notice for curable lease violations under RPAPL §753. The notice gives the tenant 10 days to fix the violation. For incurable violations (nuisance, illegal use), use a non-cure holdover notice instead.
Complete the 10-Day Notice to Cure (Holdover)
Complete the form below to generate a New York 10-Day Notice to Cure (Holdover). The notice must specifically identify the violation, the lease provision violated, the deadline to cure (or notice of incurable violation), and proper service. Vague or improperly served notices can be dismissed by the court and force you to start over.
⚠ Curable vs. Incurable Violations
Most lease violations are CURABLE — the tenant gets a deadline to fix the problem. Some are INCURABLE under state law (drug activity, violence against other tenants, repeated material violations within a specific period). Under NY RPAPL §753 and Rent Stabilization Code §2524.3, lease violations that are CAPABLE of being cured qualify for the 10-day cure notice. Common curable violations: unauthorized pets, noise, occupancy violations (extra occupants), smoking, unauthorized alterations. INCURABLE violations typically require non-cure holdover under different procedures: nuisance, illegal use of premises, drug-related criminal activity. Rent-stabilized tenancies have specific limited grounds under §2524.3. HSTPA (2019) shifted burdens in favor of tenants. Always verify whether the specific violation is curable under both NY law and the lease. Using the wrong type of notice can dismiss your eviction case.
1. Tenant Information
2. Rental Property
3. Lease Violation
4. Cure Required (or Notice of Incurable Violation)
New York requires 10 days to cure curable lease violations. 10 calendar days from service. Housing Court is highly tenant-protective and may grant additional cure opportunities under RPAPL §753(4) (up to 30 days post-judgment). Service must comply with HSTPA-strengthened rules.
5. Method of Service
6. Landlord / Agent Signature
About the New York 10-Day Notice to Cure (Holdover)
New York RPAPL §753 governs the cure period for lease violations in summary holdover proceedings. The 10-day cure notice is the typical pre-litigation step for curable violations. The notice must be in writing and must: (1) specifically describe the violation (what conduct, when, where), (2) cite the lease provision breached, (3) state that the tenant has 10 days to cure or face a holdover proceeding, and (4) be properly served. Common curable violations: unauthorized pets, noise complaints, occupancy violations (extra people living in the unit beyond lease terms), smoking in non-smoking units, unauthorized alterations to the premises. Incurable violations (commercial nuisance, illegal use, drug-related criminal activity) require a non-cure holdover notice under different procedures. Rent-stabilized tenancies are subject to Rent Stabilization Code §2524.3, which enumerates specific grounds for non-renewal and restricts the landlord’s ability to terminate or refuse renewal. HSTPA (2019) significantly strengthened these protections. Additionally, RPAPL §753(4) allows the court to grant the tenant a post-judgment cure period of up to 30 days even after a judgment of possession in some circumstances.
New York Notice Framework
- Statute: RPAPL §753 (cure period in holdover proceedings)
- Cure period: 10 days pre-litigation
- RPAPL §753(4): up to 30 days post-judgment cure stay
- Rent-stabilized: RSC §2524.3 controls (limited grounds for non-renewal)
- HSTPA (2019) strengthened tenant protections
- Notice must specifically describe the violation and cite lease provision
Common Mistakes That Get Lease-Violation Notices Dismissed
- Using 10-day cure for incurable violations (nuisance, illegal use)
- Vague description of the violation (Housing Court rejects)
- Not citing the lease provision breached
- Improper service under HSTPA-strengthened rules
- Treating rent-stabilized as free-market (RSC §2524.3 controls)
- Filing holdover proceeding before 10-day cure period expires
- Ignoring RPAPL §753(4) post-judgment cure rights
Curable vs. Incurable Violations
Under NY law, CURABLE violations qualifying for the 10-day cure notice include: unauthorized pets, noise complaints, occupancy violations, smoking in non-smoking units, unauthorized alterations. INCURABLE violations (require non-cure holdover): nuisance behavior (continuous, severe disturbance of other tenants), illegal use of the premises (drug-related activity, commercial use in residential), repeated material violations. Rent-stabilized tenants enjoy additional protections under RSC §2524.3, which lists specific grounds for non-renewal: owner use, demolition, withdrawal from market, conversion – and limits the landlord’s ability to terminate for cause. Consult counsel before classifying a violation, especially for rent-stabilized units.
Service Requirements
Service under RPAPL §735 (HSTPA-strengthened): (1) personal delivery to the tenant; (2) substituted service on a person of suitable age and discretion at the premises + mailing; (3) conspicuous-place service (posting + mailing) only when personal/substituted cannot be made after diligent effort. The affidavit of service must document method and diligent efforts. NYC Housing Court rigorously enforces service rules.
What Happens If Tenant Cures Within the Deadline
If the tenant fully cures within 10 days, the tenancy continues. Cure must be COMPLETE – partial or temporary cure may not suffice for recurring violations. RPAPL §753(4) also allows post-judgment cure – even after a judgment of possession, the court may stay execution of the warrant for up to 30 days if the tenant cures during that period. This is a tenant-protective feature unique to New York.
What Happens If Tenant Does Not Cure or Vacate
If the tenant does not cure within 10 days, the landlord files a holdover summary proceeding in NYC Housing Court (or applicable county court). Service of the summons and petition must comply with RPAPL §735. The tenant may interpose defenses including: defective cure notice, curability of the violation, retaliation (RPL §223-b), warranty of habitability (RPL §235-b), or (for rent-stabilized) absence of §2524.3 grounds. Housing Court is highly tenant-protective. After judgment, RPAPL §753(4) post-judgment cure stays are common. Warrant of eviction is executed by NYC Marshals.
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⚖ Legal Disclaimer
This form is provided for general informational purposes only and does not constitute legal advice. Eviction is a complex legal proceeding with strict procedural requirements; improper notice or service can dismiss your case. For NY tenant resources, visit NY DHCR and (for NYC) NYC HPD. Consult a qualified New York landlord-tenant attorney before serving an eviction notice.
