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New York Eviction Notice Forms (3)

A New York eviction notice is a form used when a tenant fails to pay rent or otherwise violates the terms of their rental contract. The notice warns the tenant that if they do not remedy the violation within the given timeframe, an eviction lawsuit may be filed.
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By Type (3)

14-Day Notice to Quit (Non-Payment of Rent) – Used when the tenant fails to pay the rent due. The tenant will have 14 days to respond before the landlord can file a petition with the court. This form is also known as a “Demand for Rent.” For additional help, use the Guide for Non-Paying Tenants.

Download: PDF

30-Day Notice to Quit (Non-Compliance) – Used when the tenant breaches a lease term. The tenant will have 30 days to respond before the landlord can go to court.

Download: PDF, MS Word, OpenDocument

30-Day Notice to Quit (Month-to-Month Tenancy) – Used by either the tenant or the landlord to notify the other party that they intend to end the month-to-month lease after 30 days.

Download: PDF, MS Word, OpenDocument

Eviction Laws

  • Rent Grace-Period: None.
  • Non-Payment of Rent: 14 days.[1]
  • Non-Compliance: 30 days.[2]
  • Illegal Activity: 5 days.[3][4]
  • Termination (Month-to-Month Lease): 1 month.[5][6]
  • Filing an Eviction: Summary Proceeding to Recover Possession of Real Property.[7]

Prohibited Landlord Acts

Utility Shutoff – It is unlawful for a landlord to disrupt or terminate a tenant’s access to essential services as a means to kick them out of the dwelling unit.[8]

Changing the Locks – It is unlawful for a landlord to prevent a tenant from accessing a dwelling unit by changing the locks, removing the door, or other similar means.[9]

Court Forms

Landlord Non-Payment Eviction Petition & Written Rent Demand Program (See the New York City Version) – This online resource can be used by landlords to complete and print out an eviction petition. For the landlord to open a claim against a tenant, the finished document must be filed with the local court.

How to Evict a Tenant (5 steps)

1. Give Notice to the Tenant

tenant reviewing eviction notice

Before a landlord can go to court, they must provide the required notice to the tenant by choosing one of the following forms:

2. Make an Eviction Filing

landlord filing petition on laptop

If the tenant fails to comply and continues to breach the lease, the landlord may file a Petition with the local city, village, or town court if the property is outside of New York City, or with the Housing Court if the property is inside New York City. They must pay a filing fee of $50.[10]

Most forms must be notarized before they can be filed with the court.

3. Serve Papers on the Tenant

landlord serving tenant with court papers

Once the landlord has finished filing with the court and has chosen a court date, they must serve the papers to the tenant. (Use this NY Courts guide as a reference.)

4. Attend Court Hearing

closeup of judge wielding gavel

The tenant will have a chance to show up at court and dispute the matter, or not show up. In either case, if the landlord receives a judgment in their favor, the tenant must move out of the unit. To receive help from the sheriff, the landlord must obtain a Judgment and a Warrant for Eviction.

5. Use Warrant for Legal Possession If Necessary

tenant packing stack of books into box

Once the Judgment and Warrant for Eviction are signed, the landlord or the sheriff’s office will be required to give the Notice of Eviction. After the tenant receives it, they will have 72 hours to move out before they are forced out.

If the tenant is still on the property, the sheriff can use the warrant and forcibly take possession of the property after the 72-hour period expires.

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