Free New York Notice to Remedy Lease Violation
New York lease-violation cure notice. Statewide: RPAPL §753 10-day cure right after judgment. NYC rent-stabilized: Rent Stab Code §2524.3 requires 10-day cure notice BEFORE 30-day termination notice. HSTPA (2019) strengthened tenant cure rights.
Free New York Notice to Remedy Lease Violation — overview
A New York Notice to Remedy Lease Violation is the standard notice for lease violations in New York. For free-market rentals, RPAPL §753 provides post-judgment cure rights. For NYC rent-stabilized apartments, Rent Stab Code §2524.3 requires a 10-day cure notice before any termination notice may be served.
Complete the Notice to Remedy Lease Violation
Complete the form below to generate a New York Notice to Remedy Lease Violation. 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). Most New York lease violations are CURABLE under RPAPL §753 (free-market) or Rent Stab Code §2524.3 (rent-stabilized). INCURABLE violations typically include: illegal use of premises, nuisance, chronic rent nonpayment, sale or use of controlled substances on premises (RPAPL §711). For incurable violations, a 30-day notice of termination is appropriate (separate form). 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 (statewide) or 30 days for rent-stabilized apartments. For NYC rent-stabilized: 10 days from proper service for cure. For free-market: this notice is typically pre-litigation; cure right under RPAPL §753 attaches after court judgment. Service must comply with RPAPL §735.
5. Method of Service
6. Landlord / Agent Signature
About the New York Notice to Remedy Lease Violation
New York’s lease-violation eviction process differs significantly between free-market and rent-stabilized apartments. For FREE-MARKET rentals, RPAPL §753 provides the tenant a 10-day stay after a court judgment of possession to cure the violation – effectively a post-judgment cure right. For NYC RENT-STABILIZED apartments, Rent Stabilization Code §2524.3 requires the landlord to serve a 10-day notice to cure BEFORE serving any 30-day notice of termination. The notice must specify the violation and give the tenant an opportunity to cure. Failure to follow the Rent Stab Code procedure invalidates the eviction. HSTPA (2019) strengthened tenant procedural rights including expanded cure opportunities. Most violations are curable; certain violations (illegal use, nuisance, drug-related activity under RPAPL §711, chronic nonpayment) may be incurable.
New York Notice Framework
- Free-market: RPAPL §753 (post-judgment 10-day cure)
- NYC rent-stabilized: Rent Stab Code §2524.3 (10-day cure notice required before termination)
- Service: RPAPL §735 (personal, substituted, conspicuous + mail)
- HSTPA (2019) strengthened tenant procedural and cure rights
- Incurable (no cure right): illegal use, nuisance, drug-related activity (RPAPL §711)
Common Mistakes That Get Lease-Violation Notices Dismissed
- For NYC rent-stabilized: skipping the §2524.3 cure notice before termination
- Vague description of the violation – NY courts require specificity
- Improper service (must comply with RPAPL §735)
- Not citing the specific lease provision violated
- Confusing free-market and rent-stabilized procedures
- Treating curable violations as incurable
Curable vs. Incurable Violations
In New York, most lease violations are CURABLE. The free-market tenant has post-judgment cure rights under RPAPL §753; the rent-stabilized tenant has pre-termination cure rights under Rent Stabilization Code §2524.3. INCURABLE violations under RPAPL §711 typically include: illegal use of the premises (e.g., illegal hotel, drug manufacturing), nuisance affecting other tenants, chronic and unexcused rent nonpayment, and sale or use of controlled substances. For incurable violations, a 30-day notice of termination (separate form) is the appropriate procedure. Using the wrong notice type or skipping the cure procedure can dismiss the eviction.
Service Requirements
Under RPAPL §735, service must be made by: (1) personal delivery to the tenant; (2) substituted service – delivering to a person of suitable age at the premises AND mailing a copy; or (3) conspicuous service (affixing to a conspicuous part of the premises) AND mailing a copy. The conspicuous-service option requires that personal and substituted service be reasonably attempted first. New York courts strictly enforce RPAPL §735 – improper service is a common ground for dismissal.
What Happens If Tenant Cures Within the Deadline
If the tenant fully cures the violation within the applicable period (10 days for NYC rent-stabilized; post-judgment for free-market), the tenancy continues. Cure must be COMPLETE – partial cure does not suffice. For rent-stabilized apartments, the landlord may not serve a termination notice if the cure is timely. HSTPA (2019) expanded tenant cure opportunities including in eviction proceedings.
What Happens If Tenant Does Not Cure or Vacate
If the tenant does not cure the violation, the landlord’s next step depends on the apartment type. For FREE-MARKET rentals, the landlord serves a 30-day (or longer per RPAPL §753) notice of termination, then files a holdover proceeding. For NYC RENT-STABILIZED apartments, after the §2524.3 cure period, the landlord serves a 30-day notice of termination (under §2524.2) then files a holdover proceeding. The court will set a hearing typically within 1-2 weeks. New York landlord-tenant practice is technically complex – CONSULT a NY landlord-tenant attorney before proceeding.
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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 New York tenant resources, visit NY DHCR and (for NYC) NYC HPD. Review RPAPL §§711, 735, 753 and Rent Stab Code §§2524.2, 2524.3. Consult a qualified New York landlord-tenant attorney before serving an eviction notice.
