Eviction notice rules in New York
Nonpayment notice
14-day written rent demand before any nonpayment proceeding (RPAPL §711(2), as amended by the Housing Stability and Tenant Protection Act of 2019 — raised from 3 days; oral demands abolished). Demand must state amount owed, rental period, demand payment-or-possession, and include the RPL §231-c Good Cause disclosure. Separately, RPL §235-e(d) requires landlords to send a certified-mail 5-day late-rent notice when rent is 5+ days overdue — this is a warning, not the eviction predicate.
Lease-violation notice
Two-step process: 10-day notice to cure (RPAPL §753(4)) describing the violation and deadline; if uncured, a notice of termination (at least 30 days) before a holdover proceeding under RPAPL §711(1).
Unconditional quit (no second chance)
No cure for non-lease possessory grounds: 10-day notice to quit under RPAPL §713 (unlawful occupant, licensee, etc.). RPL §231(1) lets a landlord terminate immediately — no cure — for illegal use of the premises (e.g., prostitution/drugs, 'bawdy house').
No-cause / end-of-tenancy notice
RPL §226-c: 30 days (<1 yr tenancy), 60 days (1–2 yrs), 90 days (2+ yrs) for no-fault termination of month-to-month or expired tenancies; same tiers apply to rent increases of 5%+. Where Good Cause Eviction applies (NYC automatically, plus opt-in localities since 2024), landlord also needs a listed good cause — no-cause eviction is effectively barred.
How the notice must be served
Rent demand/notice served per RPAPL §735: (1) personal delivery to tenant; (2) substituted — deliver to a person of suitable age and discretion at the premises, PLUS mail copies by BOTH regular and registered/certified mail within 1 day; (3) conspicuous-place ('nail and mail') — affix to door or slide under, PLUS both mailings within 1 day. Defective service = case dismissed; courts strictly enforce §735.
Your right to fix it (cure)
Nonpayment: tenant may pay within the 14-day demand period. Lease violation: 10 days to cure (RPAPL §753(4)); uncured violations proceed to termination notice. Post-judgment: court must vacate the warrant of eviction if tenant tenders full rent due before execution, unless landlord proves bad-faith withholding (RPAPL §749(3), HSTPA).
How days are counted
Per NY General Construction Law §20, the day of service is excluded from the count; weekends and holidays count unless the last day falls on one (<em>reported — confirm with a licensed attorney</em>).
After the notice expires
Landlord must file a special proceeding (RPAPL Article 7) — nonpayment under §711(2), holdover under §711(1). Tenant does NOT have to leave when notice expires; only a judge can order eviction, and removal requires a warrant of eviction executed by a marshal/sheriff/constable. Self-help lockouts are illegal.
Court timeline
Summons/notice of petition filed; court appearance typically weeks out; contested cases run 1–3+ months. After judgment, officer must give at least 14 days' notice before executing the warrant (RPAPL §749(2)(a), HSTPA — up from 72 hours). Tenant can pay in full any time before execution to vacate the warrant.
Retaliation & defenses
Retaliation prohibited — RPL §223-b bars eviction in reprisal for code/health complaints, asserting warranty-of-habitability rights, or tenant organizing; rebuttable presumption of retaliation for notices within 1 year of the protected act. Discrimination barred by state/federal fair housing law.
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