The New York thirty (30) day lease termination letter, as provided by § 232-a and § 232-b, may be used by a landlord to inform a tenant (and vice versa) of an impending termination of the lease/rental agreement. The notice provides the tenant with 30 days to vacate the rental property/unit. Note: No specific reason is required for the termination of a month-to-month or “at-will” tenancy, however the termination cannot be in retaliation/discrimination of the tenant. Download/Print Links: Links open in a new browser tab/window. .PDF Format Word Format How to Write Step 1 – Put the date (DD/MM/YYYY) at the top of
New York Eviction Process & Laws | Free NY Eviction Notices
The New York ten (10) day notice to quit, for use under RPL §§ 753(4), is used to notify a tenant of their violation(s), and how long they have to fix (i.e. “cure”) the violation(s) or vacate the rental unit. The notice must be served to the tenant personally (but not by the landlord), through the mail (and posted on the premises), or left with a reasonably aged resident of the rental property (as well as sent via certified mail). If the tenant does not cure the violations (or move out) by the date stated in the notice, the landlord can
The New York ten (10) day notice to pay or quit, in accordance Article 7, Section 751, is used to notify a tenant who has failed to pay rent of the landlord’s intention to terminate the rental agreement and file an eviction lawsuit. The notice provides the tenant with no more than 10 days* to either pay the past due amount, or vacate the rental property. In the New York Court system, this notice is often times referred to as a “rent demand.” *The minimum amount of notice for nonpayment of rent is three (3) days. Note: Although it can
How to Evict a Tenant (Process)
Tenants in the State of New York can be evicted for nonpayment of rent, breach of the lease agreement, or expiration of the lease term. Before the landlord can file an eviction suit in court, they must give the proper type of notice to the tenant. If the tenant has failed to pay rent on time, the landlord must issue them a written (or verbal) demand for that rent before filing the lawsuit. This type of lawsuit is called a “nonpayment case.” Any other type of eviction suit is referred to as a “holdover case.”
Step 1 – Before filing an eviction suit, the tenant must be served with the proper type of notice. The landlord cannot serve the notice (or any legal papers). The service must be done by someone at least 18 years old. The notice and any court papers can be served personally, or sent through certified mail (as well as posted on the premises of the property). Court papers can only be sent via mail if the landlord has tried to find the tenant at their home/property a minimum of two times. If the eviction is due to nonpayment of rent, the notice must demand that the tenant pay the past due amount by a specific date. The minimum amount of required time for the tenant to pay the past due rent is three (3) days.
Note: The rent demand can be issued verbally, unless stated otherwise in the rental/lease agreement.
Step 2 – If the tenant does not pay the rent by the due date stated in the notice, the landlord can file an eviction lawsuit (suing the tenant for rent and possession of the property). The forms that need to be filed are called the “Notice of Petition” and the “Petition.” After they have been filed with the clerk in the civil court of the county where the rental property is located, the forms must be served to the tenant(s). Every person named in the eviction suit must be served a copy of the petition forms. The petition forms state when the tenant must appear in court to provide an “answer” to the landlord’s complaint/suit. The answer can be verbal (done in court), or written (typically sent to the court at least three days before the hearing/trial date).
Note: In the New York Court system, when a landlord files an eviction suit they are known as the “petitioner,” the tenant is referred to as the “respondent.”
Step 3 – Both parties must show up to court on the date/time stated in the petition papers. If the tenant fails to show up, the Judge will most likely issue a default judgement against them. If the landlord does not show up, the judge will dismiss the suit. On the date of the hearing, the Judge may try to settle the case* before holding an actual trial. The trial may occur on the same day, or it may be scheduled for a later date. The Judge will either issue a judgement for possession and the amount of rent that is owed, or dismiss the case. If the landlord wins the case, the tenant will be served a 72 hour notice of eviction, and will be required by law to vacate the rental property within three (3) days.
*The eviction can be settled either in or out of court. If it is settled out of court, it must be in writing and given to the court.
Note: After the trial has ended, the landlord or tenant can file an appeal to the Judge’s decision, however the appeals process is complicated (as well as expensive) and typically requires the assistance of an attorney.