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Last Update October 20th, 2021
NYS Eviction Notice Types
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 Eviction Laws
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
Noncompliance with the lease agreement
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
The Eviction Process in New York and New York City
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 correctly complete an eviction in NY, the landlord must do the following:
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.
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.
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.
Attend the Court Hearing: The landlord and the tenant must show up in court to prove their respective cases.
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.
New York Eviction Notice FAQs
Before serving a New York eviction notice, it is essential to understand the process and the nuances of these documents fully. Find out more about how to use an NYS Notice to Quit effectively in our FAQs below.
How to Evict Someone in New York State?
To successfully evict a tenant in New York state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days’ notice and a legitimate reason to evict. It can be served in person or to a family member or other person living on the premises or left in a conspicuous location.
If the tenant doesn’t comply and leave the property as instructed, the landlord will then have to petition a court. If the judge finds in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How to Evict a Tenant in NY with No Lease?
NY Landlords still need to serve a proper eviction notice even if the person residing on the property doesn’t have an official lease. In the case of month-to-month renters, this requires the landlord to provide a 30-Day Notice to Quit, before terminating their holdover or “at-will” tenancy.
It is important to bear in mind that landlords are still required to serve an eviction notice even when evicting squatters or illegal occupants. In this case, they will need to deliver a 10-Day Notice to Quit, giving the resident 10 days to leave the premises.
How Long Does it Take to Evict a Tenant in NY?
In many cases, a New York eviction can be completed in a couple of weeks. Once the eviction notice is served, the tenant will have between 14 - 30 days to vacate. If they comply then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate eviction procedures can take somewhat longer. To go through the court process can take up to 3 months depending on how busy the district or housing court system is at the time.