📋 New York 90-Day Notice to Quit

Long-Term Tenancy Termination (2+ Years)

✓ Upstate NY • Outside NYC
90 Days Notice
2+ Years Tenancy
§232-a RPL Citation
2026 Updated
⚖️ Legal Authority: NY Real Property Law § 232-a

Tenancies of two years or more require at least 90 days written notice, expiring at the end of a rental period. This form is for upstate NY properties ONLY — different rules apply to NYC.

⚠️ CRITICAL: Verify Tenancy Duration First!

This 90-day notice is ONLY for tenancies of 2+ years total. Using the wrong notice voids your case:

  • Under 1 year: Use 10-Day Notice
  • 1 to under 2 years: Use 30-Day Notice
  • 2 years or more: Use THIS 90-Day Notice

📅 Notice Date

Today’s date when preparing this notice
Date you will deliver this notice

👤 Tenant Information

Include ALL tenants, occupants, and subtenants

🏠 Property Information

Court jurisdiction based on county

📊 Tenancy Duration Calculator

🔍 How to Calculate Duration

Count from the tenant’s FIRST move-in date — not from when any lease expired. A tenant who had a 2-year lease followed by 6 months month-to-month has been there 2.5 years total.

When tenant FIRST took possession

📈 Tenancy Duration Analysis

Move-In Date: —
Total Duration: —
Required Notice: —

📆 Termination Details

⚠️ Critical Timing Rules

The termination date must satisfy BOTH requirements:

  • At least 90 days after you serve this notice
  • At the end of a rental period (typically last day of month)
Must be 90+ days AND end of rental period
Auto-calculated based on service date
Optional — not required by NY law

🏢 Landlord / Property Manager

✍️ Signature

Landlord/Property Manager Signature

Landlord/Property Manager Signature

Complete Guide to NY 90-Day Notices

New York Real Property Law § 232-a provides graduated notice requirements based on tenancy duration. Tenants who have occupied a property for two years or more receive enhanced protection through a 90-day notice requirement, recognizing their substantial investment in the community and housing stability.

Key Point: The 90-day notice applies to month-to-month tenancies OUTSIDE New York City. NYC has separate rules under rent stabilization and the Housing Stability and Tenant Protection Act.

Notice Period Requirements Chart

Total Tenancy Duration Notice Required Must Expire Example
Under 1 year 10 days End of rental period 8 months → 10-day notice
1 to under 2 years 30 days End of rental period 18 months → 30-day notice
2 years or more 90 days End of rental period 3 years → 90-day notice

The Critical “Count From Move-In” Rule

🚨 Most Common Mistake

WRONG: “Tenant had a 2-year lease from 2021-2023, then went month-to-month. They’ve only been month-to-month for 10 months, so I need a 10-day notice.”

CORRECT: Count from FIRST move-in (2021). Today is 2025. Total = 4 years. Requires 90-day notice.

Proper Service Methods

New York law requires proper service of the notice. Mail alone is NOT sufficient:

  1. Personal Service (Best): Hand the notice directly to the tenant. Document the date, time, and location.
  2. Substituted Service: After attempting personal service, deliver to a person of suitable age and discretion at the tenant’s residence AND mail a copy to the tenant.
  3. Conspicuous Place Service: After attempting other methods, affix the notice securely to the door AND mail a copy. Take a photo of the posted notice.
💡 Best Practice

Use personal service whenever possible, and always complete a Proof of Service affidavit documenting exactly how and when the notice was delivered.

90-Day Notice Timeline Example

📅 Example Timeline
  • January 5: Serve 90-day notice on tenant
  • April 5: 90 days have passed
  • April 30: Earliest termination (end of rental period after 90 days)
  • May 1: If tenant hasn’t vacated, file Holdover Petition

Frequently Asked Questions

Do I need to give a reason for terminating?
No. For month-to-month tenancies outside NYC, you are not required to provide a reason. However, you cannot terminate for retaliatory or discriminatory reasons.
What if the tenant pays rent after the termination date?
Do NOT accept rent for any period after the termination date. Accepting rent may create a new month-to-month tenancy and void your notice.
Can I give more than 90 days notice?
Yes. 90 days is the minimum. Many landlords give 120+ days to show good faith and avoid disputes about timing.
What if tenant disputes the duration calculation?
Keep all original leases, rent receipts, and move-in documentation. The court will want proof of when the tenant first took possession.

Good Cause Eviction Considerations

⚠️ 2024 Good Cause Eviction Law

New York’s Good Cause Eviction law may apply to certain residential properties. If your property has 10+ units and was built before 1974, you may need a valid “good cause” reason to terminate, even with proper notice. Consult an attorney if you’re unsure whether your property is covered.

Related New York Forms

⚖️ Legal Disclaimer

This form is provided for informational purposes only and does not constitute legal advice. New York landlord-tenant law is complex and varies between upstate NY and NYC. The 90-day notice requirement applies ONLY to month-to-month tenancies of 2+ years outside New York City.

Calculate tenancy duration from the tenant’s FIRST move-in date, not from when any lease expired. Using the wrong notice period will result in case dismissal.

We strongly recommend consulting with a qualified New York landlord-tenant attorney before serving any eviction-related notices, especially for long-term tenancies where the tenant may contest the action.