Free New York 90-Day Notice to Quit — overview

A New York 90-Day Notice to Quit is a New York 90-day notice to quit under HSTPA-enacted 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.

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.

Related Resources

• New york landlord tenant laws
• New york habitability laws
• New york security deposit laws
• New york eviction notice laws
• New york late fee laws
• Landlord forms

When does a New York landlord have to give 90 days’ notice?

In New York, a landlord must give at least 90 days’ written notice under N.Y. Real Prop. Law § 226-c(2)(d) when the tenant has occupied the unit for more than two years, or has a lease term of at least two years. Shorter tenancies get 60 or 30 days, and the schedule applies statewide.

Cumulative occupancy, or lease term — whichever is longer	Minimum notice	Statute
Less than one year of occupancy and no lease term of at least one year	30 days	§ 226-c(2)(b)
More than one year but less than two years of occupancy, or a lease term of at least one year but less than two years	60 days	§ 226-c(2)(c)
More than two years of occupancy, or a lease term of at least two years	90 days	§ 226-c(2)(d)

The tier is set by occupancy or lease term, whichever is longer

N.Y. Real Prop. Law § 226-c(2)(a) says the required notice “shall be based on the cumulative amount of time the tenant has occupied the residence or the length of the tenancy in each lease, whichever is longer.” So a tenant three years into a string of one-year leases is a 90-day tenant, not a 60-day tenant; and a brand-new tenant who signs a two-year lease is a 90-day tenant from day one, because the lease-term prong alone reaches the top tier. Note also that paragraphs (c) and (d) read “more than one year” and “more than two years,” so a tenancy sitting exactly at one or two years is not squarely addressed by the occupancy prong; near a threshold, the longer period is the only choice that cannot be attacked as short.

What else does N.Y. Real Prop. Law § 226-c govern?

The same tiered periods apply to rent increases. Under § 226-c(1)(a), a New York landlord owes this notice whenever it intends to renew a tenancy “with a rent increase equal to or greater than five percent above the current rent,” or does not intend to renew. A landlord raising a long-term tenant’s rent by 5 percent or more owes that tenant the identical 90 days, with no eviction in the picture at all. The Housing Stability and Tenant Protection Act of 2019 (2019 Senate Bill S6458) added § 226-c to the Real Property Law rather than amending an existing section. One narrow exemption exists: § 226-c(1)(b) relieves a cooperative housing corporation of the notice as to its own shareholder-tenants.

The Good Cause Eviction notice that now travels with it

Effective August 18, 2024, N.Y. Real Prop. Law § 226-c(1)(a) requires the notice to append or contain the notice required by N.Y. Real Prop. Law § 231-c. That attachment must state whether the unit is subject to Article 6-A, the Good Cause Eviction law, and if exempt, why; the lawful basis for any non-renewal of a covered unit; and the justification for any increase above the applicable local rent standard. A New York 90-day notice served without the § 231-c attachment is incomplete on the face of the statute.

What happens if a New York landlord gives short or late notice?

The tenancy does not end — it continues. N.Y. Real Prop. Law § 226-c(1)(a) provides that if the landlord fails to give timely notice, “the occupant’s lawful tenancy shall continue under the existing terms of the tenancy from the date on which the landlord gave actual written notice until the notice period has expired, notwithstanding any provision of a lease or other tenancy agreement to the contrary.” The clock therefore restarts from the date of the actual written notice: a 60-day notice given to a three-year tenant does not ripen into a valid termination on day 90, it buys that tenant a full 90 days from the day it was given. A lease clause shortening the period is void against the statute.

How is the notice served, and how are the days counted?

N.Y. Real Prop. Law § 226-c contains no service provision at all — it sets periods and content, not a delivery method. The manner requirement comes from elsewhere. For a month-to-month tenancy in the City of New York, N.Y. Real Prop. Law § 232-a requires the notice to be served “in the same manner in which a notice of petition in summary proceedings is now allowed to be served by law,” pointing to N.Y. Real Prop. Acts. Law § 735: personal delivery; delivery to a person of suitable age and discretion at the property; or affixing a copy to a conspicuous part of the property. Either substituted method must be followed within one day by mailing to the tenant by both registered or certified mail and regular first-class mail. Nothing in § 226-c ties the termination date to the end of a rental period; the duty is a minimum number of days running from the giving of written notice.

Do these rules apply to rent-stabilized and rent-controlled units?

N.Y. Real Prop. Law § 226-c contains no exemption for rent-stabilized or rent-controlled housing; the only one in the section is the cooperative carve-out above. What differs for rent-regulated units is the separate renewal regime layered on top: a rent-stabilized landlord generally cannot simply decline to renew, so the § 226-c period is a floor, not permission to end the tenancy. Good Cause Eviction is separate again — N.Y. Real Prop. Law § 214(5) excludes from Article 6-A any unit “otherwise subject to regulation of rents or evictions pursuant to local, state or federal law, rule, or regulation,” which is why a rent-stabilized unit sits outside Good Cause while remaining inside § 226-c.