⚠️ New York Unconditional Notice to Quit
Notice of Termination of Tenancy • HSTPA 2019 Compliant
An Unconditional Notice to Quit (also called Notice of Non-Renewal or Notice to Terminate) is used to end a month-to-month tenancy or decline to renew a lease. Under HSTPA 2019, New York requires 30, 60, or 90 days notice depending on length of tenancy. This notice does NOT apply to rent stabilized apartments.
🏠 Section 1: Property Information
⚠️ Rent Stabilized Apartments
This form is NOT for rent stabilized apartments. Rent stabilized tenants have the right to lease renewals and cannot be terminated with an unconditional notice. If your property is rent stabilized, you must offer a renewal lease 90-150 days before expiration.
🏢 Section 2: Landlord / Owner Information
👤 Section 3: Tenant Information
📅 Section 4: Tenancy Details & Notice Period
🧮 HSTPA Notice Period Calculator
Under the Housing Stability and Tenant Protection Act of 2019, the required notice period depends on how long the tenant has occupied the property:
| Length of Tenancy | Required Notice | NY RPL Reference |
|---|---|---|
| Less than 1 year | 30 Days | § 226-c(2)(a) |
| 1 year to less than 2 years | 60 Days | § 226-c(2)(b) |
| 2 years or more | 90 Days | § 226-c(2)(c) |
📋 Section 5: Reason for Termination
ℹ️ Good Cause Eviction Laws
Some New York localities have enacted Good Cause Eviction laws that limit when landlords can decline to renew leases. As of 2024, these include parts of Albany, Newburgh, Poughkeepsie, Kingston, Beacon, and other municipalities. If your property is in one of these areas, you may need a qualifying reason to terminate tenancy even for non-regulated apartments. Check your local laws.
📝 Section 6: Notice Language Preview
Notice to Quit and Terminate Tenancy
State of New York
TO: _________________________
AND ALL OTHER OCCUPANTS OF:
_________________________
PLEASE TAKE NOTICE that pursuant to New York Real Property Law § 226-c, you are hereby required to quit and surrender possession of the above-described premises, which you currently hold as tenant, on or before _________________________.
Your tenancy is being terminated for the following reason: _________________________
This notice is being served at least ____ days before the date you are required to vacate, as required by New York Real Property Law § 226-c based on your length of occupancy.
If you fail to vacate the premises by the date specified above, the landlord may commence legal proceedings to recover possession of the premises and any damages to which the landlord may be entitled.
This notice is given without any waiver of any rights the landlord may have for unpaid rent, damages, or any other claims.
📬 Section 7: Method of Service
Select all methods used to serve this notice. For best legal protection, use multiple methods:
⚖️ Service Requirements
New York requires proper service of termination notices. Recommended method:
- Best Practice: Personal delivery + certified mail + regular mail
- If tenant unavailable: Substitute service to person of suitable age, then mail copy
- Last resort: Affix to door in conspicuous place + mail copy (nail and mail)
Keep proof of service for court proceedings. Improper service can invalidate the notice.
✍️ Section 8: Landlord Signature
Landlord / Authorized Agent Signature
📋 Section 9: Proof of Service (Affidavit)
📜 Certificate of Service
Complete this section after serving the notice. This serves as your proof of service if the matter goes to court.
Affidavit of Service
I, , being duly sworn, depose and say:
On at approximately , I served the above Notice to Quit on the tenant(s) named herein by the method(s) indicated in Section 7.
Sworn to before me this _____ day of _______________, 2024.
⚠️ What Is an Unconditional Notice to Quit in New York?
An Unconditional Notice to Quit (also known as a Notice to Terminate Tenancy or Notice of Non-Renewal) is a legal document used by New York landlords to end a month-to-month tenancy or decline to renew a lease. Unlike a “Notice to Cure,” this notice does not give the tenant an opportunity to fix a problem—it simply terminates the tenancy.
Under the Housing Stability and Tenant Protection Act of 2019 (HSTPA), New York significantly changed the notice requirements for terminating tenancies. The required notice period now depends on how long the tenant has lived in the property, ranging from 30 to 90 days.
📅 30-Day Notice
Required for tenants who have occupied the property for less than one year. This is the minimum notice period under NY RPL § 226-c.
📅 60-Day Notice
Required for tenants who have occupied the property for one year or more but less than two years.
📅 90-Day Notice
Required for tenants who have occupied the property for two years or more. This is the maximum required notice period.
🏠 Rent Stabilized
Rent stabilized tenants have renewal rights and cannot be terminated with an unconditional notice. Landlords must offer renewal leases.
⚖️ HSTPA 2019 Notice Requirements
The Housing Stability and Tenant Protection Act of 2019 created New York Real Property Law § 226-c, which establishes notice requirements for terminating residential tenancies. These rules apply statewide to most residential rentals.
| Length of Tenancy | Required Notice | Applies To |
|---|---|---|
| Less than 1 year | 30 Days | Month-to-month and lease non-renewals |
| 1 year to less than 2 years | 60 Days | Month-to-month and lease non-renewals |
| 2 years or more | 90 Days | Month-to-month and lease non-renewals |
| Rent Stabilized Tenants | 90-150 Days (Renewal Offer) | Must offer renewal lease, not termination |
What HSTPA Changed
Before HSTPA 2019, New York only required 30 days notice for month-to-month tenancies regardless of length of occupancy. The new law significantly extended notice requirements for longer-term tenants, giving them more time to find alternative housing.
🚫 When You Cannot Use This Notice
An Unconditional Notice to Quit is NOT appropriate in these situations:
- Rent Stabilized Apartments: Tenants have renewal rights and must be offered lease renewals
- Rent Controlled Apartments: Even stricter protections apply
- Good Cause Eviction Areas: Some NY localities require a qualifying reason to terminate
- Retaliatory Evictions: Cannot terminate in retaliation for tenant complaints
- Discrimination: Cannot terminate for discriminatory reasons
- Lease Violations: Use a Notice to Cure instead for curable violations
- Non-Payment of Rent: Use a proper demand for rent notice
⚠️ Good Cause Eviction Laws
As of 2024, several New York localities have enacted Good Cause Eviction laws that require landlords to have a qualifying reason to terminate tenancy, even for market-rate apartments. These include:
- Albany (certain buildings)
- Newburgh
- Poughkeepsie
- Kingston
- Beacon
- Other municipalities (list growing)
Check your local laws before serving a termination notice. Statewide Good Cause legislation has been proposed but not yet enacted as of this writing.
📝 How to Properly Serve the Notice
Proper service is critical. If the notice is not properly served, it may be invalid and you’ll have to start over. New York recognizes several methods of service:
Recommended Service Methods
| Method | Description | Strength |
|---|---|---|
| Personal Delivery | Hand-deliver directly to tenant | Strongest ✅ |
| Substitute Service | Deliver to person of suitable age at premises + mail | Strong ✅ |
| Certified Mail | USPS certified mail with return receipt | Good (proof of mailing) |
| Nail and Mail | Affix to door + mail copy (last resort) | Acceptable if others fail |
Best Practice: Use multiple methods simultaneously—personal delivery (or substitute service) PLUS certified mail PLUS regular first-class mail. This provides the strongest evidence of service.
📅 What Happens After Service
After properly serving the notice:
- Wait for the notice period to expire (30, 60, or 90 days depending on tenancy length)
- If tenant vacates: Conduct move-out inspection, return security deposit within 14 days
- If tenant does not vacate: File a holdover proceeding in court after the vacate date
- Court Process: Tenant will be served with court papers and given opportunity to respond
- If you win: Court issues warrant of eviction; only a marshal/sheriff can physically evict
⏱️ Timeline Expectations
Even after the notice period expires, the eviction process through court can take several additional months. In New York City, the timeline is often longer due to court backlogs. Never attempt “self-help” eviction (changing locks, removing belongings)—this is illegal and can result in significant liability.
❓ Frequently Asked Questions
Can I terminate a tenant’s lease early with this notice?
No. This notice is for ending month-to-month tenancies or declining to renew a lease at its natural expiration. You cannot use it to end a fixed-term lease early unless the lease has a termination clause. For lease violations, use a Notice to Cure.
What if the tenant has lived there for 1 year and 11 months?
You would need to provide 60 days notice (for tenancies of 1 year to less than 2 years). The 90-day requirement kicks in at exactly 2 years of occupancy.
Do I need to give a reason for termination?
For most market-rate apartments in New York, you are not required to state a reason for non-renewal of a month-to-month tenancy. However, if your property is in a locality with Good Cause Eviction laws, you may need a qualifying reason. You also cannot terminate for retaliatory or discriminatory reasons.
Can the tenant challenge this notice?
Yes. Tenants can challenge improper service, incorrect notice periods, retaliation claims, discrimination, or argue that Good Cause protections apply. If you file a holdover proceeding, the tenant will have an opportunity to raise defenses in court.
What if the tenant pays rent after receiving the notice?
Be careful about accepting rent after serving a termination notice. In some cases, accepting rent can be seen as creating a new month-to-month tenancy. Consult with an attorney about whether to accept rent during the notice period.
Is this the same as an eviction notice?
No. This notice terminates the tenancy, but it is not an eviction. If the tenant doesn’t leave voluntarily, you must then file a holdover proceeding in court to get a judgment of possession and warrant of eviction. Only a marshal or sheriff can execute an actual eviction.
What about Section 8 or subsidized housing tenants?
Additional rules may apply to subsidized housing. Section 8 tenants generally have additional protections and notice requirements. Consult with an attorney familiar with your specific housing program.
🔗 Related New York Landlord Forms
⚠️ Legal Disclaimer
This New York Unconditional Notice to Quit form is provided for informational purposes to assist landlords with understanding New York termination procedures. Landlord-tenant law is complex and varies by locality. This form should be reviewed by an attorney before use, especially in areas with Good Cause Eviction laws or for rent-regulated apartments. Improper notices can result in dismissed cases and delays. This does not constitute legal advice. For specific situations, consult with a licensed New York attorney familiar with landlord-tenant law in your area.
