30-Day Eviction Notice in NY: Good Cause Rules and Service

A 30-day eviction notice in New York works only in a narrow situation: the tenant has lived in the unit for less than one year (and any lease term is also under a year), the tenancy is month-to-month or expiring, and, in most of New York City and a growing list of other municipalities, the landlord can point to a legally recognized reason for ending it. Real Property Law § 226-c sets the 30-day floor. The Good Cause Eviction Law, in effect since April 20, 2024, sets what the notice has to say on top of that.¹²

When 30 Days Is the Correct Notice Period

Real Property Law § 226-c ties the notice period to how long the tenant has been there or the length of the lease, whichever is longer:

Less than one year of occupancy or lease term: at least 30 days’ notice.
One year to less than two years: at least 60 days’ notice.
Two years or more: at least 90 days’ notice.

These periods apply whenever a landlord declines to renew a residential tenancy or wants to raise the rent by five percent or more. The Housing Stability and Tenant Protection Act of 2019 created the tiers; the old flat 30-day rule is gone.¹

Location adds another wrinkle. Real Property Law § 232-a covers month-to-month tenancies inside New York City, and § 232-b covers those outside it. Section 232-b now limits its termination mechanism to tenants ending their own tenancy or to commercial landlords. Residential landlords outside New York City can’t use § 232-b to end a tenancy; they follow the § 226-c notice periods.³

Timing of service is not the same as the 30-day count. The notice has to be served before the beginning of the next rental term. If rent is due on the first and the landlord serves the notice on May 10, the clock doesn’t start until June 1, so the tenant has until June 30 to vacate.⁴

Good Cause Eviction Changes What the Notice Must Say

In covered municipalities, a landlord can no longer end a tenancy simply by choosing not to renew. There must be a recognized legal reason, and that reason has to appear in the notice.²

Coverage currently includes New York City and municipalities that have opted in: Albany, Ithaca, Kingston, Poughkeepsie, Rochester, Beacon, Newburgh, Nyack, Hudson, New Paltz, Fishkill, Catskill, Croton-on-Hudson, and Binghamton. Other localities can adopt it. If you’re in a covered area, § 226-c still sets the minimum notice period, but the notice must also state the lawful ground for non-renewal.¹

Grounds the law recognizes:

Failure to pay rent, unless the nonpayment was caused by an unreasonable rent increase.
A lease violation, after the landlord has sent a written 10-day notice giving the tenant a chance to cure.
Nuisance behavior, meaning substantial malicious or grossly negligent damage, or conduct that seriously interferes with the safety or comfort of others in the building.
Illegal occupancy where a government agency has ordered the tenant to vacate and a court has confirmed it.
Refusing the landlord access after reasonable notice for repairs or to show the unit.
Habitual use of the unit for illegal activity such as drug sales.
The landlord or a close family member genuinely intends to move in as a primary residence, no other suitable vacant unit exists in the building, and the tenant is not 65 or older or disabled.
A good-faith plan to permanently withdraw the unit from the rental market or to demolish it.

Units That Fall Outside the Good Cause Law

Even inside a covered municipality, several categories are exempt:

Small landlords: in New York City, one who owns 10 or fewer residential units statewide. Other localities may define this differently.
Owner-occupied buildings with 10 or fewer units (4 or fewer in Albany), where the landlord lives in the building.
High-rent apartments above thresholds published annually by the Division of Housing and Community Renewal.
Units already covered by rent stabilization or rent control.
Buildings issued a certificate of occupancy on or after January 1, 2009.
Condos, co-ops, sublets, and income-restricted housing.

If your unit is exempt or you’re outside a covered locality, a 30-day notice under § 226-c on its own can end the tenancy. If the unit is covered and no exemption applies, a 30-day notice without a recognized ground will not hold up in court.

What the Notice Must Contain

The New York State Unified Court System publishes a standard form for terminating a month-to-month tenancy. A valid notice needs to include:

The names of tenants, undertenants, and all occupants.
The property address, including apartment or unit number.
A clear statement that the landlord elects not to renew the tenancy.
A vacate date at least 30 days from the date of service, aligned with the end of a rental period.

⁵

Since the 2024 amendments to § 226-c, the notice must also state whether the unit is covered by the Good Cause Eviction Law. If it’s exempt, the notice must say why. If it’s covered, the notice must state the lawful basis for the non-renewal.¹

If a notice is late, incomplete, or missing the good cause disclosures, the tenancy simply continues on its existing terms until a proper notice is delivered and its full period runs. A defective notice is the most common way landlords lose these cases.

How to Serve the Notice

The 30-day termination notice is a predicate notice, meaning it has to be delivered before any court case can start. The NYC Housing Court instructs landlords to serve predicate notices “in the manner required by law.”⁴

Common methods are personal delivery to the tenant, leaving the notice with a person of suitable age and discretion at the property, or affixing it to the door and mailing a copy. What matters is being able to prove later that the tenant received it. Many landlords use a process server because the server’s sworn affidavit documents when and how delivery happened, which strengthens the landlord’s position if the tenant claims otherwise.

Serving the predicate notice is a separate step from serving the court papers if the case ends up in housing court. Once the 30 days run and a holdover case is filed, the Notice of Petition and Petition have to be served under the stricter rules of RPAPL § 735, which requires filing proof of service within three days.⁶

If the Tenant Doesn’t Leave

The 30-day notice does not itself remove anyone. If the tenant stays past the vacate date, the only lawful way forward is a holdover proceeding in housing court under RPAPL § 711.⁷

The landlord files a Notice of Petition and Petition. The Notice of Petition sets the first hearing date; the Petition lays out the basis for the case, including that the predicate notice was properly served and the tenant remains in the unit.⁸ In New York City Housing Court, the fee to issue a notice of petition is $45.⁹ Fees in other courts vary, and landlords should also plan for process server costs and any legal fees.

Skipping the court process is not an option. Under RPAPL § 768, changing the locks, shutting off utilities, removing a tenant’s belongings, or physically forcing a tenant out without a court order is a Class A misdemeanor. Each violation also carries a civil penalty of $1,000 to $10,000, and if the landlord fails to restore the tenant after being asked, an additional penalty of up to $100 per day applies for up to six months. These protections cover anyone occupying a dwelling under a written or oral lease, or who has lawfully lived in the unit for at least 30 days.¹⁰¹¹

When a 30-Day Notice Won’t Work at All

Rent-stabilized tenants have a legal right to a renewal lease, so a 30-day notice generally cannot be used to end their tenancy. In New York City, the landlord must offer a renewal between 150 and 90 days before the current lease expires; outside the city, the window is 120 to 90 days. The tenant then has 60 days to choose a one- or two-year renewal and return the signed lease. If a landlord fails to offer a renewal, the tenant can complain to the Office of Rent Administration.¹²

Rent-controlled tenants have even stronger protections and can generally be evicted only for specific causes such as nonpayment or owner occupancy. If a tenancy is rent-regulated, a bare 30-day termination notice is almost certainly not enough on its own.

1
New York State Senate. New York Real Property Law 226-C – Notice of Rent Increase or Non-Renewal of Residential Tenancy
2
New York State Attorney General. New York State Good Cause Eviction Law
3
New York State Senate. New York Real Property Law 232-B – Notification to Terminate Monthly Tenancy or Tenancy From Month to Month Outside the City of New York
4
New York State Unified Court System. Starting a Holdover Case
5
New York State Unified Court System. Landlord’s Notice to Terminate Month-to-Month Tenancy
6
New York State Senate. New York Real Property Actions and Proceedings Law 735 – Manner of Service; Filing; When Service Complete
7
New York State Senate. New York Real Property Actions and Proceedings Law 711
8
New York State Unified Court System. Petition Eviction Holdover
9
New York State Unified Court System. NYC Housing Court Fees
10
New York State Senate. New York Real Property Actions and Proceedings Law 768 – Unlawful Eviction
11
New York State Attorney General. Unlawful Evictions (RPAPL Section 768)
12
New York State Homes and Community Renewal. Leases (Security Deposits, Roommates, Sublets, and More)