New York Eviction Notice Templates

A New York eviction notice is a required written notice explaining a lease violation or termination. The notice must be properly served and include specific information. It is a mandatory step before an eviction case can be filed.

Create Document

Last updated January 26th, 2026

A New York eviction notice is a required written notice explaining a lease violation or termination. The notice must be properly served and include specific information. It is a mandatory step before an eviction case can be filed.

35 Downloads
  1. Home »
  2. Eviction »
  3. New York

By Type

Pay or Quit – This notice is used when rent has not been paid. It explains the amount owed and the consequences of failing to pay. Proper service is required before eviction can proceed.

Cure or Quit – Used for lease violations that may be corrected. The tenant is informed of the issue and given a chance to resolve it.

Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a month-to-month rental with proper notice. The notice must meet strict requirements to be valid.

Notice to Quit for Illegal Activity – Issued for serious unlawful behavior. These cases often move directly toward eviction without a cure option.

Eviction Laws

  • Rent Grace Period: None
  • Non-Payment of Rent: 14-day demand.[1]
  • Lease Non-Compliance: 30-day notice.[2]
  • Illegal Activity: 5-day notice.[3][4]
  • Termination of Month-to-Month Tenancy: 1 month (outside New York City and depending on tenancy length).[5][6]
  • Eviction Lawsuit Type: Summary Proceeding to Recover Possession of Real Property.[7]

Utility Shutoff – It is unlawful for a landlord to interrupt or terminate a tenant’s essential services as a method of eviction. This includes heat, water, electricity, and gas.[8]

Changing the Locks – A landlord may not prevent a tenant from accessing their unit by changing locks, removing doors, or using similar tactics to force them out.[9]

Violating these rules can result in serious legal consequences for the landlord.

 

How to Evict a Tenant in New York (Step-by-Step)

Step 1: Give the Tenant Proper Notice

Before going to court, the landlord must serve the correct notice based on the situation:

  • 14-Day Demand for Rent – For unpaid rent
  • 30-Day Notice – For lease violations unrelated to rent
  • 30-Day Notice to Terminate – To end a month-to-month tenancy

Step 2: File the Eviction Case

If the tenant does not comply, the landlord may file a petition with:

A filing fee of $50 is required.[10]
 Most eviction documents must be notarized before filing.

Step 3: Serve the Tenant With Court Papers

After filing and receiving a court date, the landlord must properly serve the tenant with the petition and notice of hearing, following New York court service rules.

Step 4: Attend the Court Hearing

The tenant may appear and contest the eviction or fail to appear. If the landlord obtains a judgment, the court issues a Judgment and a Warrant for Eviction.

Step 5: Enforce the Warrant for Eviction

Once the warrant is signed, the sheriff or marshal serves a Notice of Eviction. The tenant has 72 hours to vacate. If the tenant remains after that period, law enforcement may forcibly remove them and return possession to the landlord.

 

Court Forms & Resources

Sources

  1. N.Y. Real Prop. Acts. Law § 711(2)
  2. N.Y. Real Prop. Acts. Law § 753(4)
  3. N.Y. Real Prop. Acts. Law § 711(5)
  4. N.Y. Real Prop. Acts. Law § 715(1)
  5. N.Y. Real Prop. Acts. Law § 232-a
  6. N.Y. Real Prop. Acts. Law § 232-b
  7. Article 7 (Summary Proceeding to Recover Possession of Real Property)
  8. NYC Admin Code § 26-521(2)
  9. NYC Admin Code § 26-521(3)
  10. NYCourts.gov – Filing Fees