Free New York Termination Notice
New York general termination notice under HSTPA-amended RPL §226-c. Notice period scales with tenancy length: 30 days (<1yr), 60 days (1-2 years), 90 days (2+ years). Rent-stabilized tenancies have separate stricter rules.
Free New York Termination Notice — overview
⚠ Select Correct HSTPA Notice Period for Tenancy Length
Under HSTPA-amended RPL §226-c, the notice period scales with tenancy length: 30 days for tenancies less than 1 year; 60 days for 1-2 years; 90 days for 2+ years. Calculate the tenancy length carefully from the lease start date and use the correct period. NYC rent-stabilized tenancies have separate stricter rules.
A New York Termination Notice is a general New York termination notice under HSTPA-amended RPL §226-c. The notice period scales with tenancy length: 30 days for tenancies less than 1 year, 60 days for 1-2 years, 90 days for 2+ years.
Complete the Termination Notice
Complete the form below to generate a New York Termination Notice. 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 30 days for tenancies less than 1 year, 60 days for 1-2 years, 90 days for 2+ years. Calculate tenancy length carefully. Use correct HSTPA tier (30/60/90 days). Rent-stabilized: separate rules. 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 Termination Notice
This is the general NY termination notice form that handles all three HSTPA tiers. New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) amended RPL §226-c to impose tenancy-length-scaled notice periods for termination or non-renewal. The applicable tier depends on how long the tenant has been in occupancy: 30 days for tenancies less than 1 year, 60 days for tenancies of 1-2 years, 90 days for tenancies of 2 or more years. The notice periods apply to both non-renewal of fixed-term leases AND termination of month-to-month tenancies. 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. Use the rent-stab non-renewal form for those tenancies. HSTPA also significantly strengthened anti-retaliation protections under RPL §223-b.
New York Notice Framework
- Statute: RPL §226-c (as amended by HSTPA 2019)
- Tenancy length determines notice period (30/60/90 days)
- 30 days for tenancies less than 1 year
- 60 days for tenancies of 1-2 years
- 90 days for tenancies of 2 or more years
- 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. Improper notice (wrong period for tenancy length, missing termination date, defective service) can result in dismissal. HSTPA significantly strengthened tenant procedural protections. NYC Housing Court is highly tenant-protective. Consult a NY landlord-tenant attorney before filing.
Common Mistakes That Defeat Termination Notices
- Using wrong HSTPA tier for the tenancy length
- Miscalculating tenancy length (count from lease start date)
- Using HSTPA notice for rent-stabilized tenancies (RSC §2524.3 controls)
- Improper service
- Retaliation defense under RPL §223-b
- 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.
