New York Eviction Notice Laws: The Landlord and Tenant Guide
14-Day Rent Demand · Notice to Cure · 30, 60 and 90-Day Termination · Good Cause Eviction · Service and the Warrant
In New York, the eviction notice is step one, and a defective notice sinks the whole case. Before a landlord can file in court, the law requires the right written notice, served the right way, for the right number of days. Choose the wrong notice, demand the wrong amount, miscount the days, or serve it improperly, and a tenant can have the entire summary proceeding dismissed and force the landlord to start the clock over. This guide walks the whole framework end to end — every notice type, how many days each needs, when Good Cause applies, how to serve under Real Property Actions and Proceedings Law section 735, what makes a notice valid, and what happens after — in plain English, with every rule tied to a concrete action.
The stakes are practical and one-sided. New York courts treat the notice requirements as strict prerequisites: the 14-day rent demand and the notice periods are not formalities but conditions the landlord must satisfy before the court has power to act. Even a small error, such as demanding a few dollars more than the rent actually due, can defeat a nonpayment petition. Because the notice rules, the termination tiers, and the Good Cause law have all changed in recent years — the Housing Stability and Tenant Protection Act rewrote them in 2019 and Good Cause Eviction arrived in 2024 — treat every figure in this guide as a starting point and verify the current statute before you serve or file anything.
Below, an overview video summarizes the New York framework; the sections that follow break down each piece — the notice types and their day-counts, the Good Cause requirement, service methods, what makes a notice valid, the summary proceeding and the warrant of eviction, retaliation and tenant defenses, local rules, a landlord playbook, and defensible-versus-fatal scenarios — plus a New York-specific FAQ.
New York Eviction Notices at a Glance
Nonpayment
14-day written rent demand
Lease Breach
Notice to cure, then notice to terminate
No-Fault
30, 60 or 90-day notice by tenure
Good Cause
Required in NYC and opt-in localities
The Notice Is Step One — and It Can Sink the Case
Every New York eviction begins with a written notice, and that notice is the single most common point of failure. New York courts treat the predicate notice, and above all the 14-day rent demand, as a jurisdictional prerequisite: the landlord who wants the fast, summary eviction remedy has to earn it by following the notice rules exactly. A notice that names the wrong amount, gives the wrong number of days, is served the wrong way, or supports a petition filed too early gives the tenant a clean defense — the court can dismiss the case, and the landlord has to start over from a fresh notice, losing weeks.
This is why the notice deserves more care than any other step. The rest of the process — filing the petition, the hearing, the warrant — is largely mechanical once the notice is right. Get the notice wrong and none of it matters. Throughout this guide, the theme repeats: the exactness of the notice decides the case long before a judge ever reads the petition.
Overstating the rent voids a rent demand
The most frequent fatal defect in a nonpayment case is demanding more than the rent actually owed. A 14-day rent demand must state the specific sum due and the months it covers; if it overstates the rent — by adding late fees the lease does not authorize, tacking on charges that are not rent, or a simple arithmetic error — the tenant can challenge the petition, because the demand must accurately state what is owed for the tenant to have a fair chance to pay and stay. Demand only past-due rent, and get the number right to the dollar.
Takeaway
In New York the notice is step one and the whole case rides on it. Courts treat the 14-day rent demand and the notice periods as prerequisites, so the right notice, the right amount, the right days, and proper service matter more than anything that happens in court. A defective notice is a complete defense that forces the landlord to start over.
The New York Eviction Notice Types
New York recognizes a handful of distinct notices, and using the wrong one is itself a fatal defect. Which notice applies depends entirely on why the landlord wants the tenant out. The nonpayment demand and the holdover grounds come from Real Property Actions and Proceedings Law section 711; the no-fault termination notices come from Real Property Law section 226-c.
14-Day Rent Demand (Nonpayment)
When a tenant is behind on rent, the landlord must serve a written 14-day rent demand under Real Property Actions and Proceedings Law section 711(2). It gives the tenant a choice: pay the exact past-due rent within 14 days and stay, or surrender the unit. The Housing Stability and Tenant Protection Act of 2019 made two major changes here — it raised the demand from three days to 14 and abolished the oral rent demand, so a landlord can no longer satisfy this step by telephone or in person. The demand must state the specific amount due and the period it covers, and the landlord cannot commence the nonpayment proceeding until the 14 days have passed. If the tenant pays in full within the period, the tenancy continues and the landlord cannot proceed.
Notice to Cure (Curable Lease Violation)
When a tenant breaches a lease term that can be fixed — an unauthorized pet, an unapproved occupant, a parking or noise violation the tenant can stop — the landlord serves a notice to cure. It identifies the specific violation and gives the tenant a set period to correct it, a period usually defined by the lease rather than by a fixed statute; a 10-day cure period is standard in New York City leases and many form leases statewide. If the tenant does not cure within that period, the landlord then serves a notice of termination ending the tenancy, and only after that may bring a holdover summary proceeding under RPAPL section 711(1). The notice to cure must describe the breach with enough specificity that the tenant knows exactly what to correct.
Notice of Termination (Holdover for Serious or Uncurable Grounds)
For conduct the lease treats as an incurable or serious breach — certain nuisance conduct, illegal use of the premises, or a substantial violation that cannot be undone — a landlord proceeds by a notice of termination rather than a cure notice, then brings a holdover proceeding. Because these grounds cut off the tenant’s chance to fix the problem, the underlying facts must genuinely fit the ground; a garden-variety, fixable lease breach must instead go through the cure-then-terminate path above. Rent-stabilized and rent-controlled tenancies add their own limits on which grounds a landlord may even assert.
No-Fault Termination: 30, 60 and 90-Day Notices
When the landlord simply wants to end a month-to-month tenancy, or decline to renew an expiring lease, and the tenant has done nothing wrong, the vehicle is a termination notice under Real Property Law section 226-c. The length depends on how long the tenant has occupied the unit: a 30-day notice if the tenant has occupied for less than one year and has no lease of at least a year; a 60-day notice if the tenant has occupied for one to two years or holds a lease of one to two years; and a 90-day notice if the tenant has occupied for two years or more or holds a lease of two years or more. This tiered notice replaced the old month-based rules when the 2019 act took effect. Important caveat: where Good Cause Eviction applies, a bare no-fault notice is not enough on its own — the landlord must also have a recognized good cause, as discussed below.
The termination date no longer has to land on a rent day
Under the old law, a month-to-month termination had to expire at the end of a rental month. Real Property Law section 226-c dropped that requirement: as long as the landlord gives the correct 30, 60, or 90 days measured from service, the termination date stated in the notice controls, regardless of which day of the month it falls on. Count the days from service and state a clear end date.
Takeaway
The notice type follows the reason: a 14-day rent demand for nonpayment, a notice to cure then a notice to terminate for a fixable breach, a notice of termination for serious or uncurable grounds, and a 30, 60 or 90-day notice keyed to occupancy to end a tenancy without fault. Using the wrong notice for the situation is itself a fatal defect.
How Many Days Each Notice Requires
The day-count is where landlords most often trip. The nonpayment demand is a fixed 14 days, the no-fault notices turn on length of tenancy, and the cure period is usually driven by the lease. Use this table as the quick reference, then read the notes below it.
| Notice | Days required | Statute and grounds |
|---|---|---|
| Rent demand (nonpayment) | 14 days, written; oral demand abolished | RPAPL section 711(2) — nonpayment of rent (HSTPA 2019) |
| Notice to cure | Usually lease-set; commonly 10 days in NYC | Predicate to a holdover under RPAPL section 711(1) |
| Post-judgment cure stay | 30 days to cure before a warrant issues | RPAPL section 753(4) — lease-breach holdover, statewide |
| No-fault, under one year | 30 calendar days | Real Property Law section 226-c — termination or non-renewal |
| No-fault, one to two years | 60 calendar days | Real Property Law section 226-c — termination or non-renewal |
| No-fault, two years or more | 90 calendar days | Real Property Law section 226-c — termination or non-renewal |
The 14-day demand is jurisdictional — do not file early
The landlord cannot commence a nonpayment proceeding, or verify the petition, until the 14 days in the rent demand have fully expired. Filing even one day early is treated as failing a jurisdictional prerequisite, and the petition can be dismissed. Count the 14 days from proper service, add mailing time where service was by mail, and wait for the period to close before you file.
The 30-day cure stay is not the notice period
Do not confuse the pre-suit notice to cure, whose length the lease usually sets, with the 30-day cure stay under RPAPL section 753(4). The cure stay comes later: even after a landlord wins a lease-breach holdover, the court must grant the tenant a 30-day stay to cure the violation before a warrant of eviction issues. This statewide 30-day figure replaced a shorter pre-2019 stay, so any guide that still says ten days is out of date.
Takeaway
Nonpayment needs a written 14-day rent demand, and filing before it expires is a jurisdictional defect. No-fault termination is 30 days under one year, 60 days from one to two years, and 90 days at two years or more under Real Property Law section 226-c. Separately, a lease-breach holdover carries a 30-day cure stay before any warrant issues.
Good Cause Eviction: The 2024 Law
For many New York tenants, a landlord can no longer simply end the tenancy at will. The Good Cause Eviction law, enacted in April 2024 and codified in Real Property Law Article 6-A, imposes a good-cause requirement: where the law applies, a landlord generally must have a legally recognized good cause to evict a tenant or to refuse to renew a lease. The law applies automatically in New York City, and other municipalities across the state may opt in by adopting it locally, so coverage depends on where the property sits.
What Good Cause Requires
Where it applies, Good Cause protects a covered tenant against eviction and non-renewal unless the landlord shows a listed ground — grounds that track familiar categories such as nonpayment of a lawful rent, a substantial lease violation, nuisance conduct, illegal use, or the landlord’s own recovery of the unit for personal or family use, among others. The law also reaches rent increases: an increase above a local rent standard, defined as the lower of five percent plus the regional inflation index or ten percent, is presumed unreasonable, and a tenant may contest an above-threshold increase as a defense to a non-renewal or eviction built on refusing to pay it.
The Good Cause exemptions
Good Cause does not reach every unit. Key exemptions include units already subject to rent regulation or stabilization, owner-occupied buildings with ten or fewer units, housing owned by a small landlord who owns no more than a limited number of units statewide, newer construction with a certificate of occupancy issued after a set recent date, high-rent or luxury units above a defined threshold, and certain seasonal, cooperative, condominium, and income-restricted housing. Because the exemptions are detailed and a unit’s status can be contested, confirm coverage for the specific unit before serving a non-renewal or a termination that Good Cause would otherwise limit.
Takeaway
The 2024 Good Cause Eviction law (Real Property Law Article 6-A) applies automatically in New York City and where localities opt in. Where it applies, a landlord needs a listed good cause to evict or refuse renewal, and a rent increase above the lower of five percent plus inflation or ten percent is presumed unreasonable. Rent-regulated units, small owner-occupied buildings, and newer construction can be exempt — confirm coverage before you act.
New York is not California — do not import the California rules
New York’s framework differs from California’s in ways that matter. New York nonpayment starts with a 14-day written demand, not a three-court-day pay-or-quit; New York’s no-fault ladder is 30, 60, or 90 days under Real Property Law section 226-c, not California’s 30 or 60; and New York’s tenant protection is the 2024 Good Cause law and the 2019 HSTPA, not California’s AB 1482 just-cause statute or its relocation-payment rule. There is no automatic one-month relocation payment under New York’s statewide Good Cause law. Use New York authorities for a New York unit.
How to Serve a Notice: RPAPL Section 735
A notice that is written perfectly still fails if it is served the wrong way. New York authorizes specific methods of serving predicate notices and the court papers, set out in Real Property Actions and Proceedings Law section 735. A landlord must use one of them; there is no valid “just email it” or “just text it” option for a predicate notice.
| Method | How it works | When to use it |
|---|---|---|
| Personal delivery | Hand the notice or papers directly to the tenant | Always preferred; the cleanest proof |
| Substituted service | Deliver to a person of suitable age and discretion at the property, AND mail copies by both regular and certified mail | When the tenant is not found but someone suitable is present |
| Conspicuous-place service | Affix a copy to the door, AND mail copies by regular and certified mail | Only after reasonable attempts at personal and substituted service fail |
The order matters: conspicuous-place service, often called nail-and-mail, is a last resort, used only after a reasonable application of personal and substituted service cannot be accomplished. For both substituted and conspicuous service, the service is not complete until the mailed copies are sent, and courts add time for the mailing before the period is treated as satisfied. Taping the notice to an exterior door without also mailing, or mailing without the required delivery attempts, is a classic defective service that gets cases dismissed.
Keep an affidavit of service
Whoever serves the notice should complete an affidavit of service recording who was served, how, when, and where. Without it, the landlord may be unable to prove the notice period ever started — and an unprovable service is a losing one. Personal delivery by someone other than a party, followed by a signed affidavit, is the strongest record. New York also has a dedicated affidavit-of-service form for exactly this purpose.
Takeaway
Serve only by a method in RPAPL section 735 — personal delivery, substituted service (deliver plus mail), or conspicuous-place service as a last resort. Substituted and posted service are not complete until the copies are mailed, and courts add time for the mailing. Email or text alone is not valid service of a predicate notice. Always keep an affidavit of service.
What Makes a Notice Valid
Beyond picking the right notice and serving it correctly, the notice’s content has to be right. A valid New York eviction notice is a written document — never oral — and, depending on type, generally includes the following.
| Required element | Why it matters |
|---|---|
| Tenant name(s) and property address | Identifies who is being noticed and which unit; a wrong name or address can void the notice |
| The exact reason | Nonpayment, the specific curable breach, or the specific serious ground — stated with enough detail to respond |
| Amount due and the period (rent demand) | The precise past-due rent and the specific months it covers, so the tenant knows exactly what to pay |
| The correct deadline | 14 days for a rent demand, the lease-set cure period, or the 30, 60, or 90-day termination window, counted correctly |
| Date and signature | The date of the notice and the signature of the landlord or an authorized agent |
For a rent demand, the amount is not optional boilerplate — the demand must state the specific sum and the period it covers, and overstating it can defeat the petition. For a notice to cure, the breach must be described specifically enough that the tenant knows precisely what to fix. An oral notice, or a notice that omits a required element, can void the step as surely as no notice at all.
The certified-mail late-rent notice
New York adds a separate step outside the eviction notice itself. Under Real Property Law section 235-e, if rent is not received within five days of its due date, the landlord must send the tenant a certified-mail notice that the payment has not been received. Failing to send it can be raised by the tenant as a defense in a later nonpayment case, so it belongs in the landlord’s routine even though it is not the rent demand.
Takeaway
A valid notice is written, names the tenant and address, states the exact reason, and — for a rent demand — states the precise rent due and the months it covers. Vague grounds, an overstated amount, or an oral demand each void the notice, and a missed certified-mail late notice under Real Property Law section 235-e can hand the tenant a defense.
After the Notice: The Summary Proceeding
If the notice period expires and the tenant has not paid, cured, or moved out, the landlord’s next — and only — lawful step is to file a summary proceeding, New York’s expedited eviction lawsuit under Real Property Actions and Proceedings Law Article 7. A landlord cannot skip this step, and cannot substitute self-help for it. There are two main types: a nonpayment proceeding under section 711(2) after a 14-day rent demand, and a holdover proceeding under section 711(1) after a notice to cure and terminate or a termination notice. The case is filed in New York City Housing Court in the five boroughs, and in the local city, district, town, or village court elsewhere in the state.
File the petition and notice of petition
After the notice period runs, the landlord files a petition and notice of petition in Housing Court or the local court, attaching the predicate notice and proof of service. The court assigns a return date.
Serve the notice of petition and petition
The papers are served on the tenant under the methods in RPAPL section 735. Proper service is what gives the court power over the case and sets the return date.
Tenant answers
The tenant answers the petition, orally or in writing depending on the proceeding, and may raise defenses. In a nonpayment case under RPAPL section 732, the court sets a trial a few days after the answer in courts where that track applies.
Default or trial
If the tenant does not appear, the landlord may seek a default judgment. If the tenant answers, the court holds a trial where the landlord must prove every element — the tenancy, the ground, the proper notice, and service.
Judgment and warrant of eviction
If the landlord prevails, the court issues a judgment of possession and a warrant of eviction under RPAPL section 749. A marshal, sheriff, or constable — never the landlord — gives at least 14 days’ notice and then executes the warrant.
Only a marshal, sheriff, or constable can remove a tenant
A judgment of possession does not let the landlord change the locks personally. The court issues a warrant of eviction under RPAPL section 749, directed to a marshal, sheriff, or constable, who must give the tenant at least 14 days’ written notice under section 749(2)(a) before executing it. The landlord takes possession only after the officer has executed the warrant. Any shortcut around this is an illegal self-help eviction.
HSTPA reshaped the timeline in 2019
The most important recent changes came from the Housing Stability and Tenant Protection Act of 2019, which lengthened the nonpayment demand to 14 days, extended the section 753(4) cure stay to 30 days, and tied termination notices to occupancy under Real Property Law section 226-c. Any landlord working from an older guide that still says a three-day demand, an oral demand, or a ten-day cure stay is relying on stale law. Verify the current deadlines before you calendar anything.
Takeaway
After the notice expires, the only lawful path is a summary proceeding under RPAPL Article 7 — nonpayment under section 711(2) or holdover under section 711(1). If the landlord wins, the court issues a warrant of eviction under section 749 that a marshal, sheriff, or constable executes after at least 14 days’ notice — the landlord never removes a tenant personally.
Retaliation and Tenant Defenses
Even a landlord with a real ground can lose if the eviction runs into a tenant defense. Two categories matter most: retaliation, and the notice and procedural defects this guide has stressed throughout.
Retaliation Is Presumed Within One Year
Under Real Property Law section 223-b, a landlord may not evict, raise rent, or cut services because a tenant exercised a legal right — making a good-faith complaint about conditions to a government agency, asserting rights under the lease or the warranty of habitability, or joining or organizing a tenant group. If the landlord acts within one year of the protected activity, the law presumes retaliation, and the burden shifts to the landlord to prove a legitimate, non-retaliatory reason by a preponderance of the evidence. The presumption does not apply to owner-occupied buildings with fewer than four units. Timing an eviction right after a tenant complaint is one of the easiest ways to lose an otherwise valid case.
The Common Tenant Defenses
- Defective notice. No written 14-day rent demand, an overstated amount, the wrong termination period under Real Property Law section 226-c, a notice that fails to specify the breach, or an oral demand — each is a complete defense.
- Improper service. Service that does not follow RPAPL section 735, or that cannot be proven, defeats the case.
- Payment or cure made in time. If the tenant paid the full rent or cured the violation within the notice period, the grounds evaporate; receipts and records win.
- Warranty of habitability. Under Real Property Law section 235-b, a landlord’s failure to maintain a habitable unit can be raised as a defense in a nonpayment case and may reduce or offset what is owed.
- Retaliation. An eviction within one year of protected tenant activity is presumed retaliatory under Real Property Law section 223-b.
- Good Cause. Where the 2024 Good Cause law applies, the absence of a listed good cause, or an above-threshold rent increase, is a defense to eviction or non-renewal.
- Filed too early. Commencing the proceeding before the notice period fully expired is grounds for dismissal, and for the 14-day demand it is a jurisdictional defect.
Showing up is the tenant’s biggest lever
The fastest path to a landlord judgment is a tenant who never responds — a default. A tenant who appears on the return date and answers forces the landlord to prove every element and opens the door to all of these defenses. For landlords, the lesson is the mirror image: assume the tenant will appear and contest, and make sure the notice and service are flawless.
Takeaway
An eviction within one year of protected tenant activity is presumed retaliatory under Real Property Law section 223-b, and defective notice, bad service, timely payment or cure, the warranty of habitability, and a missing good cause are all live defenses. The landlord’s best protection is a flawless notice and provable service.
Local Rules: NYC, Rent Regulation and Opt-In Localities
State law is the floor, not the ceiling. New York City and many other jurisdictions layer additional eviction rules on top of state law, and when a local rule is more protective, it controls. If the property sits in one of these jurisdictions, the local rules govern how a landlord may evict, and skipping them is its own fatal defect.
In New York City, cases run through Housing Court, Good Cause Eviction applies automatically, and a large share of units are rent-stabilized or rent-controlled, which sharply limits the grounds for eviction and non-renewal and requires specific lease-renewal offers. Outside the city, some counties and municipalities have opted into Good Cause or adopted the Emergency Tenant Protection Act, and each carries its own notice and filing details. Rent-regulated tenancies in particular restrict which grounds a landlord may even assert and often require a landlord to offer a renewal on regulated terms.
Check the local law for the exact address
Coverage can vary by municipality, by building age, and by regulatory status, and a notice that satisfies state law can still violate a local rule or a rent-regulation requirement. Before serving any notice, confirm whether the unit is rent-stabilized or rent-controlled, whether Good Cause applies at that address, and what the local court requires — the allowable grounds, the notice format, and any filing steps.
Takeaway
In New York City and other regulated jurisdictions, Good Cause and rent stabilization add allowable-ground lists, renewal-offer duties, and extra procedure on top of state law — and the more protective rule controls. Verify the unit’s regulatory status and the local requirements for the property’s exact address before serving.
No Self-Help: Lockouts Are Illegal
One rule admits no exceptions: in New York, a landlord may never remove a tenant by self-help, no matter how far behind the rent is or how egregious the conduct. Under Real Property Actions and Proceedings Law section 768, it is unlawful — and a class A misdemeanor — to evict or attempt to evict an occupant who has lived in the unit 30 days or more without a court warrant, whether by changing the locks, removing the tenant’s belongings, shutting off water, heat, gas, or electricity, or using force or the threat of force. Real Property Law section 235 separately bars a landlord from willfully interrupting essential services or a tenant’s quiet enjoyment.
The penalties are steep and personal to the landlord. A violation of section 768 carries a civil penalty of one thousand to ten thousand dollars per violation, plus up to one hundred dollars a day for each day the landlord fails to restore the tenant to possession, with a statutory cap on that daily penalty. On top of that, Real Property Actions and Proceedings Law section 853 allows a wrongfully removed occupant to recover treble, or triple, damages. A self-help lockout can turn a routine, winnable eviction into a lawsuit the landlord loses — and pays for. The only lawful way to remove a tenant is the court process ending in an officer-executed warrant of eviction.
Takeaway
Self-help eviction is illegal under RPAPL section 768 and a class A misdemeanor: no lock changes, no utility shutoffs, no removing belongings. Violators face one thousand to ten thousand dollars per violation plus up to one hundred dollars a day, and treble damages under RPAPL section 853. The only lawful removal is an officer-executed warrant after a court judgment.
The New York Landlord Playbook
Put the whole framework into a repeatable sequence and an eviction becomes a disciplined, winnable process instead of a gamble. Follow these steps every time.
Pin down the ground and the right notice
Decide whether this is nonpayment, a curable breach, a serious or uncurable ground, or a no-fault termination — then choose the matching notice: a 14-day rent demand, a notice to cure then terminate, a notice of termination, or a 30, 60, or 90-day notice. Using the wrong notice is a fatal defect.
Confirm whether Good Cause applies
If the unit is in New York City or an opt-in locality and is not exempt, apply the 2024 Good Cause law: you need a listed good cause to evict or refuse renewal, and a rent increase above the local standard is presumed unreasonable. Check the unit’s rent-regulation status too.
Get the content exact
State the tenant name, address, and precise reason. For a rent demand, state only the rent actually due and the specific months it covers. For a cure notice, describe the breach specifically. Date and sign it, and send the certified-mail late notice under Real Property Law section 235-e where required.
Count the days correctly
Give a full 14 days for a rent demand, the lease-set cure period for a breach, and 30, 60, or 90 days keyed to occupancy for a no-fault termination. Add time for mailing, and never file before the last day passes — for the 14-day demand, filing early is jurisdictional.
Serve under section 735 and keep proof
Use personal, substituted, or conspicuous-place service, in that order of preference, and complete an affidavit of service. Then, if the tenant does not comply, file the summary proceeding — and let a marshal, sheriff, or constable execute any warrant.
Need the notice itself?
A ready-to-fill notice keeps the required fields in place. See our free New York 14-day notice to pay rent or quit form, the New York notice to cure or quit, the 30-day notice to quit, and the New York tenant notice to vacate. Always tailor the details to your unit and verify current law.
Defensible Versus Fatal: Common Scenarios
✓ Usually Defensible
- Exact 14-day rent demand. A written demand for only the past-due rent, stating the specific months, served under section 735 and filed after the 14 days pass.
- Specific notice to cure. A notice naming the precise lease breach with a clear cure period, followed by a notice of termination when the tenant fails to cure.
- Correct no-fault notice. A 90-day notice to a tenant of over two years under Real Property Law section 226-c, with a good cause where Good Cause applies.
- Officer-executed warrant. Waiting for the judgment and letting a marshal, sheriff, or constable give notice and remove — never a personal lockout.
✕ Likely Fatal
- Oral or overstated demand. An oral rent demand, or a 14-day demand for more than the rent actually owed or for non-rent charges.
- Filed too early. Commencing the nonpayment proceeding before the 14 days have fully run — a jurisdictional defect.
- Bad service. Taping the notice to an exterior door with no mailing, or emailing or texting it instead of using section 735.
- Self-help lockout. Changing the locks or shutting off utilities — illegal under RPAPL section 768, with penalties and treble damages under section 853.
The Best Eviction Is the One You Never File
Most eviction disputes trace back to a tenant who showed red flags before move-in. Comprehensive credit, income, and eviction-history reports catch prior evictions and payment problems before you ever sign a lease.
Frequently Asked Questions
How many days is a New York eviction notice?
It depends on the reason. For nonpayment of rent, a landlord must serve a written 14-day rent demand to pay or surrender under Real Property Actions and Proceedings Law section 711(2); the Housing Stability and Tenant Protection Act of 2019 raised this from the old three-day demand and abolished oral demands. For a curable lease violation, the landlord serves a notice to cure, then a notice of termination if the tenant does not fix the problem; the cure period is usually set by the lease, and after a court judgment the tenant gets a further 30-day cure stay under RPAPL section 753(4). To end a month-to-month or expired tenancy without fault, Real Property Law section 226-c requires 30 days’ notice if the tenant has lived there under a year, 60 days if one to two years, and 90 days if two years or more. Always verify current law before serving.
How long is a New York rent demand notice for nonpayment?
Fourteen days. Under Real Property Actions and Proceedings Law section 711(2), as amended by the Housing Stability and Tenant Protection Act of 2019, a landlord must serve a written 14-day notice demanding the exact rent due before starting a nonpayment case. The old three-day demand and any oral demand are no longer valid. The demand must state the specific sum owed and the months it covers, and the landlord cannot commence the summary proceeding until the 14 days have passed. Serving too early or demanding the wrong amount is a jurisdictional defect that can get the petition dismissed.
Does New York require good cause to evict?
In many cases, yes. The Good Cause Eviction law enacted in April 2024, codified in Real Property Law Article 6-A, applies automatically in New York City and may be adopted by other municipalities that opt in. Where it applies, a landlord generally must have a listed good cause to evict or to refuse a lease renewal, and a rent increase above a local standard, the lower of five percent plus the regional inflation index or ten percent, is presumed unreasonable. Rent-stabilized units, owner-occupied buildings of ten or fewer units, small landlords, newer construction, and high-rent units can be exempt. Confirm coverage for the specific unit before acting.
What makes a New York eviction notice defective?
Common fatal defects include an oral rent demand instead of a written 14-day notice, a demand for more rent than is actually due, the wrong notice period, a termination notice that does not match the tenant’s length of occupancy under Real Property Law section 226-c, a notice that fails to specify the lease violation, improper service that does not follow RPAPL section 735, and starting the summary proceeding before the notice period has run. Because the 14-day rent demand is a jurisdictional prerequisite, getting the amount or the timing wrong can force the landlord to start over from a fresh notice.
How do you serve an eviction notice in New York?
A predicate notice and the court petition are served under the methods in RPAPL section 735: personal delivery to the tenant; substituted service by delivering to a person of suitable age and discretion at the property and then mailing copies by both regular and certified mail; or conspicuous-place service, affixing a copy to the door and mailing copies, used only after reasonable attempts at the first two methods fail. Substituted and conspicuous service are not complete until the copies are mailed. Keep proof of how and when service was made, because unprovable service is a losing service.
Can a New York landlord change the locks or shut off utilities to force a tenant out?
No. Self-help eviction is illegal. Under RPAPL section 768 it is unlawful, and a class A misdemeanor, to evict or attempt to evict an occupant who has lived in the unit 30 days or more without a court warrant, including by changing the locks, removing belongings, or shutting off utilities. Civil penalties run from one thousand to ten thousand dollars per violation, plus up to one hundred dollars a day for failing to restore the tenant, and RPAPL section 853 allows treble, or triple, damages for an unlawful eviction. The only lawful way to remove a tenant is a warrant of eviction executed by a marshal, sheriff, or constable.
How long does a New York tenant have to respond to an eviction case?
In a summary proceeding the tenant answers the petition, and the court then sets a trial. In a nonpayment case under RPAPL section 732, the tenant may answer orally or in writing and the court schedules a trial roughly three to eight days after the answer, in courts where that track applies. Deadlines and local practice vary between New York City Housing Court and the city, town, and village courts upstate, so a tenant should read the notice of petition closely and appear on the return date. Not appearing usually leads to a default judgment for the landlord, so showing up is the single most important step for a tenant.
Can a New York landlord evict in retaliation?
No. Under Real Property Law section 223-b, a landlord may not evict, raise rent, or cut services because a tenant made a good-faith complaint about conditions, exercised a legal right, or joined a tenant organization. If the landlord acts within one year of the protected activity, the law presumes retaliation, and the landlord must prove a legitimate, non-retaliatory reason by a preponderance of the evidence. The presumption does not apply to owner-occupied buildings with fewer than four units. Retaliation is one of the strongest defenses a tenant can raise.
How much notice ends a month-to-month tenancy in New York?
Real Property Law section 226-c ties the notice to how long the tenant has occupied the unit. A landlord must give 30 days’ notice if the tenant has lived there less than one year and has no lease of at least a year, 60 days if the tenant has occupied one to two years or holds a lease of one to two years, and 90 days if the tenant has occupied two years or more or holds a lease of two years or more. This same tiered notice applies whether the landlord is ending a month-to-month tenancy or declining to renew an expiring lease, and where Good Cause Eviction applies the landlord also needs a good cause to end the tenancy.
What is a notice to cure in New York?
A notice to cure is the predicate notice a landlord serves when a tenant breaches a curable lease term, such as an unauthorized pet or occupant. It identifies the violation and gives the tenant a set period to fix it, a period usually defined by the lease rather than by a fixed statute, commonly ten days in standard New York City leases. If the tenant does not cure, the landlord serves a notice of termination and may then bring a holdover summary proceeding under RPAPL section 711(1). Even after a judgment in a lease-breach holdover, RPAPL section 753(4) requires the court to grant the tenant a 30-day stay to cure before a warrant issues.
What is a warrant of eviction in New York?
A warrant of eviction is the court order that actually authorizes a tenant’s removal, issued under RPAPL section 749 after the landlord wins the summary proceeding. It is directed to and executed only by a marshal, sheriff, or constable, never the landlord. Before executing the warrant, the officer must give the tenant at least 14 days’ written notice under RPAPL section 749(2)(a). Only after that notice period passes may the officer physically restore possession to the landlord. There is no lawful eviction in New York without this warrant and this officer.
What is a summary proceeding in New York?
A summary proceeding is the special, expedited court case a landlord must file to evict a tenant, governed by RPAPL Article 7. There are two main types: a nonpayment proceeding under RPAPL section 711(2) after a 14-day rent demand, and a holdover proceeding under RPAPL section 711(1) after a notice to cure and terminate or a termination notice. It is filed in New York City Housing Court in the five boroughs, and in the local city, district, town, or village court elsewhere in the state. The tenant is served a notice of petition and petition, answers, and the court holds a trial. There is no lawful eviction outside this process.
What is the safest way for a New York landlord to serve an eviction notice?
Match the notice to the ground and get the numbers exact. For nonpayment, serve a written 14-day rent demand under RPAPL section 711(2) stating only the rent actually due and the months it covers. For a lease breach, serve a notice to cure and then a notice of termination. To end a tenancy without fault, use the 30, 60, or 90-day notice keyed to occupancy under Real Property Law section 226-c, and confirm whether Good Cause applies. Serve by a method authorized under RPAPL section 735, keep proof of service, never start the case early, and never resort to a lockout. A clean predicate notice is the foundation of a winning summary proceeding.
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