Updated August 21, 2023
A New York eviction notice is a form used when a tenant has either failed to pay rent or committed a non-compliance with their rental contract. The notice acts as a warning to the tenant that if they do not adhere to its terms that after the notice period an eviction lawsuit will be filed. If the tenant does act in accordance with the notice, the lease will continue as if the violation never occurred.
By Type (3)
14-Day Notice to Quit (Non-Payment of Rent) – This form is used if the tenant has failed to pay the rent when it is due. The tenant will have fourteen (14) days to respond to the notice before you 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) – This form is used when the tenant is breaching a lease term. The tenant will have thirty (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) – This form is for use to let the tenant know that a month-to-month lease will end at the end of thirty (30) days.
Download: PDF, MS Word, OpenDocument
Table of Contents |
Eviction Laws
- Rent Grace-Period: None.
- Non-Payment of Rent: 14 days. § 711.2
- Non-Compliance: 30 days. § 753.4
- Illegal Activity: None. § 711.5 and § 715
- Termination (Month-to-Month Lease): 1 month. § 232-a and § 232-b
- Filing an Eviction: Article 7 (Summary Proceeding to Recover Possession of Real Property)
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.
When is Rent Due
Rent is due on the date specified in the lease (no statute). If the tenant has not paid rent on the due date stated in the lease agreement the landlord may issue the 14-day rent demand at any time.
How to Evict (5 steps)
- Give Notice to the Tenant
- Make an Eviction Filing
- Serve Papers on the Tenant
- Attend Court Hearing
- Use Warrant for Legal Possession If Necessary
1. Give Notice to the Tenant
Before a landlord can go to court, they must provide the required notice to the tenant by choosing one (1) of the following forms:
- 14-Day Demand For Rent – For the late rent.
- 30-Day Notice – For any lease violation other than rent-related.
- 30-Day Notice (Terminate a Month-to-Month Lease) – To end a month-to-month lease.
2. Make an Eviction Filing
If the tenant fails to comply with the notice and continues to breach the lease by not paying rent, violating the lease terms or holding over after a lease term is up, the landlord may then file a Petition with the local city, village or town court if the property in question is outside of New York City, or with the Housing Court if the property is inside New York City.
Most forms have to be Notarized before they can be filed with the court.
3. Serve Papers on the Tenant
Once you have finished filing with the court and have chosen a court date, you must serve the papers to the tenant. (Use this NY Courts guide as a reference.)
4. Attend Court Hearing
The tenant will then have a chance to show up at court and dispute the matter, or will not show up. If in either case that the landlord receives a judgment, the tenant will have to move out. In order to receive help from the sheriff, the landlord will have to get a Judgment and a Warrant for Eviction.
5. Use Warrant for Legal Possession If Necessary
Once the Judgment and Warrant for Eviction are signed, the landlord or 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 he or she is forced out.
If the tenant is still on the property, the sheriff will be able to use the warrant and forcibly take possession of the property after the 72-hour period expires.