Free New York Eviction Notice Form

Evictions in NYS may only be made if the landlord can present an appropriate legal reason for doing so. They must also provide the correct amount of days’ notice to their tenant, depending on the basis that they have for the eviction.

As a result, there are a number of different types of New York Notices to Quit that can be used in these circumstances. Not using the correct legal document, in this case, can lead to delays or even legal dismissal of the eviction, so it is important to choose the right one. 

14-Day Notice to Quit (Non-Payment)

In most cases, landlords in New York will issue tenants with a 14-Day Notice to Quit. These eviction notices give the tenant 2 weeks to pay rent or quit. If the tenant does not pay the rent owed within this time or leave the property as instructed, the landlord will be able to pursue the case through the courts. 

30-Day Notice to Quit (Non-Compliant)

If the tenant commits a lease violation the landlord can issue a 30-Day Notice to Quit. This will give the resident 30 days to leave the property or to cure the problem that the landlord has raised (if allowed). 

This can be conditional or unconditional depending on the severity of the infraction. In the case of an incurable notice, the tenant will have no chance to cure or fix the violation. If they refuse to comply within the time given, the landlord will then be able to file a court case against them.

30-Day Notice to Quit (Month-to-Month)

30 Day-Notice to Quit documents are used to evict month-to-month tenants or those who are without a fixed lease without any given cause. This allows the landlord to inform the tenant that they must vacate the property within 30 days or face a legal challenge. 

New York state’s laws feature a number of requirements for the eviction of tenants in rental properties. The most important consideration that landlords must consider is to provide a legally valid basis for an eviction. 

Tenants in New York may be evicted for the following reasons:

• Nonpayment of rent (N.Y. Real Prop. Acts. Law §711 (2))
• Noncompliance with the lease agreement (N.Y. Real Prop. Acts. Law §753 (4))
• Illegal activity (N.Y. Real Prop. Acts. Law §711 (5))
• The legal termination of a lease

The notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property, tenant, and the reason the landlord wishes to terminate the lease. The Notice to Quit must feature the following information or it won’t be considered valid:

• The name and address of the landlord
• The name and address of the tenant
• The date of the notice
• Details on why the tenant is being evicted
• The number of days’ notice the tenant has to comply
• The landlord’s signature

Further to this, the eviction notice must be served correctly, in adherence with New York eviction law. To do this landlords may deliver the notice in the following ways:

• Delivering the notice in person
• Leaving the document with someone who lives or works on the premises
• Placing the notice in a conspicuous place

In order for an eviction to be successful, the landlord must take the correct steps and follow the right procedures, as detailed by New York state law. To get a successful eviction notice in New York the landlord must do the following:

1. Deliver the Notice: The eviction process officially begins when the notice is served. This gives the tenant a period of time to cure the violation the landlord has detailed (if it is fixable) or to vacate the property.
2. File the Eviction: If the notice period expires and the tenant refuses to vacate you will need to file the case with your local district or housing court.
3. Serve the Tenant with Papers: Once your case has been filed you must inform the tenant of the proceedings by serving them the Eviction Petition and Notice of Petition documents.
4. Attend the Court Hearing: The landlord and the tenant must show up in court to prove their respective cases.
5. Warrant for Eviction: If the judge finds in favor of the landlord, the tenant will have 72 hours to comply with the ruling. If they still refuse to leave, the landlord may then use a local sheriff or marshal to enforce the eviction.

When you prepare your own New York eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.

There are several other legal documents that can be useful for landlords or when managing real estate. If you are currently renting out, or plan to do so in the future, use the following documents below to ensure your property is properly looked after: 

• New York Rental Application
• New York Residential Lease Agreement