New York Eviction Notice Forms

New York eviction notice forms enable a landlord to inform a tenant that they are ready to take court action if they don’t move out of the property or rectify a lease violation. They are sent when a tenant has overstayed their lease, failed to pay rent or, has breached the rental agreement in some way. If a tenant does not appropriately respond to an eviction notice, a landlord may file a lawsuit in court.

When Is Rent Due in New York?

No statute in New York defines when rent is considered due, leaving the final decision to the lease agreement. If the rent is not paid by the date specified in the lease, it is considered late.

How to Evict a Tenant in New York?

How to Evict a Tenant in New York? Here’s quick step-by-step guide:

Step 1: Provide Proper Notice

The eviction process in New York begins when a landlord sends a tenant one of the following eviction notices for breaching the lease:

  • 14-Day Pay or Vacate Notice
  • 30-Day Notice to Quit for Non-Compliance
  • 30-Day Notice to Terminate a Month-to-Month Lease

Step 2: File an Eviction Lawsuit

If the tenant receives and fails to comply with the notice, the landlord may file an eviction petition with the local village, town, or city court if their property is located outside New York City. Landlords with property inside the city may file their petition with the Housing Court. The landlord may also need to have most of the related court forms notarized before filing.

Step 3: Serve the Tenant

A completed petition must be served upon the tenant alongside a summons indicating a judge-issued court date. The tenant will have a specified period to file an Answer with the court.

Step 4: Attend the Court Hearing

If the tenant fails to act in response to the petition or the judge rules in the landlord’s favor, an order will be issued notifying the tenant to move out. The landlord may then present a Judgment and a Warrant for Eviction to the Sheriff, authorizing them to effect the eviction.

Step 5: Get a Warrant for Legal Possession

If the tenant neglects to vacate the premises within 72 hours of receiving the notice, the Sheriff may forcibly retake possession of the property.

Related New York Court Forms

The New York state provides an online resource, called the Landlord Nonpayment Eviction Petition & Written Rent Demand Program, from which landlords may access, complete, and print out eviction petitions. The completed petition must be filed with the court to begin the eviction process.

How to Write a New York Notice to Quit

Refer to the lease during this process to ensure the details provided in your eviction notice coincide with the terms of the agreement.

Step 1: Enter the tenant’s full name as provided in the lease.

Step 2: Indicate the property address and state the city name, county name, zip code, street number, and apartment name or number, as applicable.

Step 3: Include the date the lease agreement was signed.

Step 4: Define the tenant’s violation and explain how the tenant may cure the situation from one of these choices:

  • Overdue rent – Describe the due amount (rental period and total amount) and notify the tenant they have 3 days to pay or move out.
  • Non-compliance – Give the tenant 10 days to rectify the matter (provide an acceptable solution) or vacate the premises.
  • Lease termination – State your decision to terminate the lease agreement and give an effective date that is 30 days (or more) from the date of service.

Step 5: Inform the tenant of the consequences of non-compliance (an eviction lawsuit). Close with your full name and signature.

Step 6: This step is reserved for the deliverer, who must indicate the date, method, and address of delivery. They must also sign under this information.

14-Day Notice to Quit (Non-Payment of Rent)

The New York 14-Day Notice to Quit is also referred to as a Demand for Rent and is sent to a tenant that is in default of their rent payments. It gives them 14 days to pay the due amount or vacate the premises. While New York law doesn’t require a landlord to send this notice unless it is mentioned in the lease agreement, it is in a landlord’s best interest to send it.

{Date}

{Tenant’s Name}

{Property Address}

Dear {Tenant’s Name},

You owe rent for the premises located at {property address} for the {date} to {date} rental period, with the total at {total due amount}. This is in direct violation of the lease agreement dated {signature date}.

If you do not pay the due amount or vacate the premises within 14 days after receiving this notice, I will commence summary proceedings to evict you.

Sincerely,

{Your Name}

{Your Signature}

30-Day Notice to Quit (Non-Compliance)

The New York 30-Day Notice to Quit for Non-Compliance informs a tenant that they have 30 days to cure a lease agreement breach (if the matter is curable) or vacate the premises. If the tenant fails to respond appropriately to this notice, the landlord may file a licensee holdover case in Housing Court.

{Date}

{Tenant’s Name}

{Property Address}

Dear {Tenant’s Name},

You have violated the rental agreement signed {signature date} for the premises located at {property address} by {describe violation}.

In accordance with RPL §§ 753(4), you have 30 days from the service of this notice to cure the stated violation or vacate the premises.

Legal action will be initiated against you if you don’t comply by {date}.

Sincerely,

{Your Name}

{Your Signature}

30-Day Notice to Quit (Month-to-Month Tenancy)

The New York 30-Day Notice to Quit for Month-to-Month Tenancy is the document sent by a tenant or landlord as sufficient notice to legally terminate a lease agreement.

{Date}

{Tenant/Landlord Name}

{Property Address}

Dear {Tenant/Landlord Name},

I, {your name}, as the {tenant at/landlord of} the premises located at {property address} have elected to terminate the lease agreement dated {signature date} in accordance with § 232-b.

This termination will take effect on {date at least 30 days after the next payment date}. The deposit for said premises will be sent to {mailing address} upon moving out.

Sincerely,

{Your Name}

{Your Signature}

New York 14-Day Notice to Quit (Non-Payment of Rent) – Word Template

14-Day Notice to Quit (Non-Payment of Rent)

New York 30-Day Notice to Quit (Non-Compliance) – Word Template

New York 30-Day Notice to Quit (Non-Compliance) - Word Template

New York 30-Day Notice to Quit (Month-to-Month Tenancy) – Word Template

New York 30-Day Notice to Quit (Month-to-Month Tenancy) - Word Template

Key Takeaways

You may not be legally required to send an eviction notice in some situations, such as for overdue rent, but it is in your best interest to do so. Besides giving the tenant an opportunity to remedy the breach, a written notice can act as evidence in court. When sent, New York Eviction Notice Forms must describe the tenant’s violation and as well as the course of action they should take to fix the matter.

Related Posts