Updated December 10, 2022
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: Adobe 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: Adobe PDF, MS Word (.docx), 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: Adobe PDF, MS Word (.docx), 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 (Process)
Step 1 – Giving Notice
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.
Step 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.
Step 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 webpage as a reference).
Step 4 – 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.
Step 5 – Warrant for Legal Possession
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.
How To Write (Notice To Quit)
1 – Acquire the Required Documents
The New York Notice To Quit form is readily accessible through the PDF, ODT, or Word buttons near the image. It is imperative that all information on the Lease being focused on be presented exactly as it appears in the Lease so make sure you have a copy of this document handy when filling out this form.
2 – Define the Addressee
The first item requiring a specific definition will be the Addressee of this document. Report the Name of the person, or persons, this Notice must provide information to on the first line.
3 – Record the Leased Property Location
Locate the first sentence below the Recipient Name. In the spaces after the phrases “City of” and “County of,” report the City and the County of the Rented Property, respectively. Then enter the Zip Code in the appropriate area. The space after the phrase “number and street,” document the Rented Property’s Building Number and Street. The last blank space has been provided so you may report the Apartment Number.
4 – Transcribe Signature Date on Lease
Locate the phrase “day of” in the second sentence of this document. Use the spaces provided around this phrase to enter the Signature Date reported on the Lease this Notice concerns itself with.
5 – Define Required Tenant Action
There are two types of defined Tenant Action which may be required by this Notice. One concerns Nonpayment while the other contains Noncompliance. You may choose one of the first two statements below the words “Check Appropriate Box.”
For a Notice to Pay an Overdue Rent within three days or turn over possession of the Rented Property to the Landlord or designated Agent, choose the “Nonpayment” check box. This requires the Name of an Authorized Agent to be reported on the first blank space. Then, enter the Total Amount of Money the Tenant owes on the blank spaces preceding and following the word “Dollars.” The last statement requires the dollar amount that must be paid as a result of this Notice. The final piece of information will be the Rental Period this dollar amount is attached to.
For a Notice to Comply with the Lease terms or turn the premises over to the Landlord within Ten Days, mark the second check box. The blank line in this statement will require the exact Violation the Recipient has committed in relation to the Lease Agreement to be presented.
6 – Declaring Termination of a Month to Month Tenancy
If the point of this Notice is to provide the exact Termination Date of a Month To Month Tenancy, then either the third or the fourth check box will need to be marked.
For a Termination Notice to be issued to the Tenant, where the Landlord shall end the Lease Agreement with the Tenant thirty days (or more) after the Receipt Date of this Notice, then check the third check box. The Date the Agreement terminates will need to be reported as a Calendar Day, Month, and Year using the blank spaces in this sentence.
For a Termination Notice to be issued to the Landlord, where the Tenant shall end the Lease Agreement with the Landlord at least thirty days from the Notice Receipt Date, then check the fourth check box. This Date of Lease Termination must be entered in the appropriate blank areas of this sentence.
7 – Landlord Statement Signature
The Disclosure Paragraph at the bottom of this page will require the Landlord/Agent Signature on the blank line.
8 – Delivery Agent Declaration
The final area of this document is the “Certificate of Service” section. The Deliverer is the only entity who may fill this part of the Notice out. Also, this section may only be filled at the time of Delivery.
The Certificate statement will require the Calendar Date and Identity of the initial Recipient of this document to be reported on the blank spaces available.
The second part of this Certificate will be three choices to define how this Notice was Delivered. By checking the appropriate check box, the Deliverer will indicate if the Notice was Delivered personally to the individual(s) it addresses first hand, if the Notice was Delivered to a household member or other such reliable person, or if it was mailed using the United States Postal Service First Class Mail. Once this section has been completed, the Deliverer must Sign his or her Name.
