Free New York 90-Day Notice to Quit
New York 90-day notice to quit under HSTPA-amended RPL §226-c. For tenancies of 2 or more years. Shorter tenancies require 30 days (<1yr) or 60 days (1-2 years). Rent-stabilized tenancies have separate stricter rules.
Free New York 90-Day Notice to Quit — overview
⚠ HSTPA (2019) 90-Day Notice for Tenancies of 2+ Years
NY RPL §226-c (HSTPA 2019) requires 90 days notice for termination/non-renewal of tenancies of 2 years or more. Shorter tenancies require 30 days (<1yr) or 60 days (1-2 years). NYC rent-stabilized tenancies have separate stricter rules under Rent Stab Code §2524.3.
A New York 90-Day Notice to Quit is a New York 90-day notice to quit under HSTPA-amended RPL §226-c. This 90-day notice period applies to tenancies of 2 OR MORE YEARS. Shorter tenancies require 30 or 60 days notice.
Complete the Termination Notice
Complete the form below to generate a New York 90-Day Notice to Quit. The notice must clearly identify: (a) the parties, (b) the rental property, (c) the termination date, (d) the statutory or contractual basis for termination, and (e) the consequence (tenant must vacate by the termination date). Improperly drafted or untimely notices can be challenged and may delay any subsequent eviction action.
⚠ Termination vs. Eviction
A termination notice ENDS the tenancy on the stated date — the tenant is expected to move out by then. If the tenant DOES NOT vacate after a proper termination notice, the landlord must file an eviction (holdover) action in court — the landlord cannot self-help. This notice does NOT authorize the landlord to remove the tenant; only a court order can do that. Lock-changes, utility shutoffs, and removing tenant belongings without a court order are illegal in every state.
1. Landlord / Agent Information
2. Tenant & Rental Property
3. Termination Date
HSTPA-amended RPL §226-c requires 90 days notice for tenancies of 2 or more years. 90 days applies to tenancies of 2 or more years. Verify tenancy length before serving. Count carefully — the clock typically starts the day AFTER service. Some states require the termination date to align with the rent period (e.g., end of a month for monthly tenancies).
4. Basis for Termination
5. Method of Service
6. Landlord / Agent Signature
About the New York 90-Day Notice to Quit
New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) significantly strengthened tenant procedural rights, including the amendment of RPL §226-c to impose tenancy-length-scaled notice periods. For tenancies of 2 or more years, the landlord must provide at least 90 days notice of termination or non-renewal. This is the longest of the three HSTPA tiers (30 days for <1yr, 60 days for 1-2 years, 90 days for 2+ years). The 90-day notice applies to BOTH non-renewal of fixed-term leases AND termination of month-to-month tenancies that have lasted 2+ years. NYC rent-stabilized tenancies have separate stricter rules under the Rent Stabilization Code §2524.3 — non-renewal of a rent-stabilized lease is only permitted on limited statutory grounds, typically requiring DHCR approval. HSTPA also significantly strengthened anti-retaliation protections under RPL §223-b. Tenants in long tenancies who receive 90-day notices often have substantial defenses available in Housing Court.
New York Notice Framework
- Statute: RPL §226-c (HSTPA 2019)
- 90 days for tenancies of 2 or more years
- 60 days for 1-2 years (separate form)
- 30 days for <1 year (separate form)
- Applies to non-renewal AND month-to-month termination
- Rent-stabilized: separate stricter rules under RSC §2524.3
If Tenant Does NOT Vacate by the Termination Date
If the tenant does not vacate by the termination date, the landlord must file a holdover proceeding in NYC Housing Court (NYC) or appropriate court (rest of NY) under RPAPL Article 7. Long-tenancy tenants (2+ years) often have substantial defenses available, including: improper notice period, defective service, retaliation under RPL §223-b, and (for rent-stabilized) statutory protection. NYC Housing Court is highly tenant-protective. Consult a NY landlord-tenant attorney before filing.
Common Mistakes That Defeat Termination Notices
- Using 60 days or less for a tenancy of 2+ years (HSTPA requires 90)
- Confusing free-market and rent-stabilized procedures
- Using HSTPA notice for rent-stabilized tenancies (RSC §2524.3 controls)
- Improper service (must comply with NY service rules)
- Retaliation defense under RPL §223-b (very common in long tenancies)
- Premature holdover filing
Best Practices
- Calculate the notice period carefully. Count from the day AFTER service to the termination date. Most states count calendar days; some require the termination date to align with the end of a rent period.
- State the termination date clearly. Use a specific date, not just “X days from service” – that creates ambiguity.
- Cite the statutory basis. Don’t just say “tenancy is terminated”; cite the specific statute or lease provision that authorizes the termination.
- Use trackable delivery. Certified mail with return receipt is the gold standard. Personal service with a witness is also strong.
- No self-help. If the tenant does not vacate, file an eviction (holdover) action in court. Do NOT change locks, shut off utilities, or remove belongings – these are illegal in every state.
- Check anti-retaliation protections. Termination notices served shortly after a tenant complaint, repair request, or assertion of legal rights may trigger anti-retaliation defenses.
- Check local rent control. Many cities (NYC, LA, SF, Berkeley, Portland, others) restrict no-cause termination of certain tenancies. Verify before serving.
Avoid problem tenants in the first place
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⚖ Legal Disclaimer
This form is provided for general informational purposes only and does not constitute legal advice. For NY tenant resources, visit NY DHCR and (for NYC) NYC HPD. Consult a qualified New York landlord-tenant attorney before serving a termination notice, especially in jurisdictions with rent control or just-cause eviction protections.
