New York Eviction Notice

Types of New York Eviction Notice Forms

In New York, there are several types of eviction notices, each serving a specific purpose and requiring different notice periods:

1. 14-Day Notice to Quit:This notice is issued for nonpayment of rent. Landlords can serve this notice the day after rent is due, allowing tenants 14 days to either pay the overdue rent or vacate the property. This is governed by New York Real Property Actions & Proceedings Law § 711(2).

2. 10-Day Notice to Comply:

   This notice is for curable lease violations. It gives tenants 10 days to correct the specified violation, such as maintaining health and safety standards or allowing lawful entry by the landlord. If the tenant fails to comply, the landlord can then issue a 30-Day Notice of Termination. This is outlined in New York Real Property Actions & Proceedings Law § 713.

3. 30-Day Notice of Termination:

   This notice is issued for continued lease violations after a prior notice to comply. It does not allow for corrective action, requiring tenants to vacate within 30 days. This is referenced in New York Real Property Actions & Proceedings Law § 753(4).

4. 30-Day Notice to Vacate:

   This notice is applicable for terminating month-to-month leases or expired leases. It requires at least 30 days’ notice before termination, regardless of the length of tenancy. This is governed by New York Real Property Actions & Proceedings Law § 232-A and § 232-B.

Eviction Process in New York

The eviction process in New York involves several critical steps that landlords must follow to ensure compliance with state law:

Step 1: Provide Notice

Landlords must serve the appropriate eviction notice to the tenant, providing them with the required timeframe to address the situation or vacate the premises.

Step 2: Prepare Legal Documents

Landlords must prepare a Notice of Petition and a Petition, which outline the reasons for eviction.

Step 3: File the Petition

The landlord files the Petition with the district or housing court in the county where the rental unit is located and receives a court date.

Step 4: Serve the Tenant

The landlord must legally serve the tenant with the Notice of Petition and the Petition documents.

Step 5: Wait for Tenant’s Response

The tenant may contest the eviction and provide a defense.

Step 6: Attend the Court Hearing

Both parties present their cases in court, and the landlord must prove their case.

Step 7: Obtain Judgment and Warrant for Eviction

If the court rules in favor of the landlord, they can obtain a warrant for eviction.

Step 8: Proceed with Eviction

A sheriff or marshal may enforce the eviction if the tenant does not vacate within the specified time.

Legal Requirements for Eviction Notices

To ensure that eviction notices are legally valid, they must include the following information:

• The full name and address of the landlord and tenant.
• The date of the notice.
• The reason for eviction.
• The number of days the tenant has to comply.
• The landlord’s signature.

Serving an Eviction Notice

Eviction notices must be served correctly to be legally recognized. Acceptable methods of service include:

• Hand delivery to the tenant.
• Delivery to a person of suitable age and discretion on the property, followed by mailing the notice.
• Posting the notice on the premises if other methods fail, followed by mailing.

Important Considerations

Landlords cannot forcibly evict tenants without going through the formal eviction process. The notice period must be adhered to before any legal action can be taken. It is advisable for landlords to consult with a lawyer to navigate the eviction process effectively.

Statutes

• N.Y. Real Prop. Law § 227-C – Termination of residential lease by victims of domestic violence
• N.Y. Real Prop. Law § 232-A – Notice to terminate monthly tenancy or tenancy from month to month in the city of New York
• N.Y. Real Prop. Law § 232-B – Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York
• N.Y. Real Prop. Law § 233-B – Campgrounds
• N.Y. Real Prop. Law § 234 – Right to recover attorneys’ fees in actions or summary proceedings arising out of leases of residential property
• N.Y. Real Prop. Law § 235-A – Tenant right to offset payments and entitlement to damages in certain cases
• N.Y. Real Prop. Law § 235-B – Warranty of habitability
• N.Y. Real Prop. Law § 235-D – Harrasment
• N.Y. Real Prop. Law § 235-E – Duty to provide written receipt
• N.Y. Real Prop. Law § 235-G – Electronic billing and/or payment of rent
• N.Y. Real Prop. Acts. Law § 753(4) – Stay in premises occupied for dwelling purposes
• N.Y. Gen. Oblig. Law § 5-328 – Processing fee by holder of dishonored check
• N.Y. Gen. Oblig. Law § 7-103(1) – Money deposited or advanced for use or rental of real property; waiver void; administration expenses
• N.Y. Gen. Oblig. Law § 7-103(2) – Money deposited or advanced for use or rental of real property; waiver void; administration expenses
• N.Y. Gen. Oblig. Law § 7-105 – Landlord failing to turn over deposits made by tenants or licensees and to notify tenants or licensees thereof in certain cases