Before a New York landlord can file an eviction case, state law requires a written predicate notice, and the New York eviction notice requirements vary by the reason for the eviction. Unpaid rent needs a 14-day written demand. Ending a tenancy needs 30, 60, or 90 days depending on how long the tenant has lived in the unit. A curable lease violation in a Good Cause–covered unit needs a 10-day cure notice. Occupants without a landlord-tenant relationship get a 10-day notice to quit. Since April 20, 2024, almost every notice must also carry a written Good Cause Eviction statement identifying whether the unit is covered by the law. Get any of these details wrong and a judge will dismiss the case.
Which Notice You Need
The first question is which statute governs. RPAPL Section 711 lists the grounds for eviction where a landlord-tenant relationship exists: nonpayment of rent, holding over after a lease expires, using the unit for illegal purposes, and certain other violations.1New York State Senate. New York Real Property Actions and Proceedings Code 711 RPAPL Section 713 covers the opposite situation, where there is no tenancy at all: squatters, former employees who had housing tied to a job, and people whose license to occupy has been revoked.2New York State Senate. New York Real Property Actions and Proceedings Code 713
Match the ground to the notice:
- Unpaid rent: a 14-day written rent demand under RPAPL 711.
- End of lease or a month-to-month tenancy: a termination notice under Real Property Law 226-c, at 30, 60, or 90 days.
- Substantial lease violation in a Good Cause–covered unit: a 10-day notice to cure.
- Squatter, former licensee, former employee: a 10-day notice to quit under RPAPL 713.
Picking the wrong category is not a paperwork inconvenience. Courts treat the predicate notice as jurisdictional. If it is defective, the judge has no authority to hear the case and the petition is dismissed, sending the landlord back to the beginning.
How Long the Notice Period Must Be
14 Days for Unpaid Rent
A nonpayment case starts with a written demand that gives the tenant at least 14 days to pay everything owed or move out.1New York State Senate. New York Real Property Actions and Proceedings Code 711 The Housing Stability and Tenant Protection Act of 2019 extended the demand period to give tenants a real chance to catch up.3New York State Unified Court System. Written Demand for Past Due Rent with Good Cause Eviction Law Notice
30, 60, or 90 Days to End a Tenancy
When a landlord wants to end an expired lease or terminate a month-to-month arrangement, the notice period under Real Property Law 226-c is set by how long the tenant has occupied the unit or the length of the current lease term, whichever is longer:
- Less than one year: at least 30 days.
- One to two years: at least 60 days.
- More than two years: at least 90 days.
These periods apply statewide.4New York State Senate. New York Real Property Law 226-C The clock runs from the date the tenant receives the notice, not the date it was drafted. In a Good Cause–covered unit, the landlord also needs a qualifying reason for nonrenewal; wanting the unit back is not enough by itself.
10 Days to Cure a Lease Violation
Under the Good Cause Eviction Law, a landlord seeking to evict for a lease violation must first give the tenant 10 days in writing to fix the problem. The violation has to involve a substantial lease obligation, and a landlord cannot invent rules solely to manufacture a ground for eviction.5New York State Office of the Attorney General. New York State Good Cause Eviction Law If the tenant cures within the 10 days, the eviction cannot proceed on that basis.
10 Days to Quit for Non-Tenants
Squatters, former licensees, and others occupying without a lease get a 10-day notice to quit under RPAPL 713 before the landlord can file.2New York State Senate. New York Real Property Actions and Proceedings Code 713
What the Notice Must Say
A notice that looks official but leaves out required information is as defective as no notice at all. Every notice should identify the landlord’s full name and address, the tenant’s full name, and the precise address of the rental unit including any apartment number. Dates on the face of the notice must match the applicable notice period. A 90-day notice that gives 85 days is defective.
The Rent Amount in a 14-Day Demand
The demand must state the exact amount of rent owed, and only base rent belongs in that figure. A tenant cannot be evicted for nonpayment of late fees, legal fees, or other added charges.6New York State Office of the Attorney General. Residential Tenants’ Rights Guide Inflating the demand with non-rent charges is one of the most common ways a nonpayment case gets thrown out.
The Good Cause Eviction Statement
Since April 20, 2024, every landlord in New York, whether or not the unit is covered by Good Cause, must provide a written statement explaining whether the unit is subject to Good Cause protections. That statement has to accompany new leases, renewal leases, notices of nonrenewal, rent increases of five percent or more, 14-day rent demands, and notices of petition in eviction proceedings. If the unit is exempt, the statement must say why.7NYC.gov. Good Cause Eviction Information for Tenants Courts can dismiss eviction cases where the landlord failed to attach it.1New York State Senate. New York Real Property Actions and Proceedings Code 711
The law applies automatically in New York City and in any locality outside the city that has opted in.5New York State Office of the Attorney General. New York State Good Cause Eviction Law Even if you believe your building is exempt (small landlord, owner-occupied under a certain size, post-2009 construction, rent-regulated, condo or co-op, and other categories), the exemption itself has to be spelled out in the notice. Silence is not compliance.
Termination Notices
A holdover termination notice should state clearly that the tenancy is ending, the effective date of termination, and the reason for nonrenewal if one is required under Good Cause.
Official Forms
The New York State Unified Court System publishes standardized forms for most predicate notices, including a fillable written demand for past due rent that incorporates the Good Cause language.8New York Courts. Landlord and Tenant Forms The court also offers a step-by-step do-it-yourself program for landlords preparing these papers.9New York State Unified Court System. Landlord’s Guide to Nonpayment Eviction Proceedings For Courts Outside New York City Using the official forms is the simplest way to avoid leaving out a required element.
How the Notice Must Be Served
A correctly drafted notice can still be defective if it is not delivered the right way, and the service rules differ by notice type.
Rent Demands and 10-Day Quit Notices
The 14-day rent demand and the 10-day notice to quit under Section 713 must both be served in the manner set out in RPAPL Section 735, the same method used for the notice of petition and petition.1New York State Senate. New York Real Property Actions and Proceedings Code 7112New York State Senate. New York Real Property Actions and Proceedings Code 713 Section 735 gives three methods, tried in this order:
- Personal delivery. Hand the notice directly to the tenant at the property.
- Substituted service. If the tenant cannot be found, leave the notice with a responsible adult who lives or works at the premises.
- Conspicuous place service. If no one at the property will accept the papers, post a copy on a visible part of the door or slide it under the entrance.
Whenever substituted or conspicuous place service is used, the landlord must also mail two copies to the tenant within one day of the delivery: one by regular first-class mail and one by certified or registered mail.10New York State Senate. New York Code RPA 735 – Manner of Service; Filing; When Service Complete The person serving the papers must be at least 18 years old and cannot be a party to the case.
30-, 60-, and 90-Day Termination Notices
Termination notices under RPL 226-c do not carry the same statutory service requirements as rent demands. Section 735’s ordered methods are not mandated. Even so, landlords should use personal delivery or another method that generates proof of receipt. If the tenant later claims the notice never arrived, the landlord needs evidence to answer that claim.
The Affidavit of Service
Whoever serves the notice must complete an affidavit of service, a sworn statement describing the date, time, method of delivery, and either the person who accepted the papers or the exact spot where they were posted. The affidavit is notarized and filed with the court.11New York Courts. Filing an Affidavit of Service Without it, there is no proof service happened and the case cannot move forward.
When a Defective Notice Sinks the Case
The most common tenant defense in eviction court is that the predicate notice was flawed: wrong rent amount, insufficient notice period, missing Good Cause attachment, or improper service. Courts are strict on these points. If the notice fails, the case is dismissed without reaching the merits, and the landlord has to start over with a fresh, corrected notice.
Two other defenses are worth flagging because they can override an otherwise valid notice. Under Real Property Law 235-b, every residential lease carries an implied warranty of habitability; serious conditions like no heat, water damage, or pest infestations not caused by the tenant can reduce the rent owed or defeat a nonpayment case. And if the tenant filed a good-faith complaint about conditions within the past year, the eviction is presumed retaliatory and the landlord bears the burden of proving otherwise.6New York State Office of the Attorney General. Residential Tenants’ Rights Guide
Federal Overlays That Change the Notice
Active-Duty Military Tenants
If a tenant is on active military duty and does not appear in the case, the Servicemembers Civil Relief Act requires the landlord to file an affidavit with the court before a default judgment can be entered. The affidavit must state whether the tenant is in the military or, if the landlord cannot determine that, say so explicitly.12Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments Filing a false affidavit is a federal crime carrying a fine, up to one year of imprisonment, or both. Military status can be verified through the Department of Defense Manpower Data Center’s online search tool.
Public Housing and Section 8
Evictions from public housing and most project-based Section 8 properties carry federal notice requirements on top of state law. Under a 2024 HUD final rule, landlords in these programs must give tenants at least 30 days’ written notice before filing a nonpayment eviction, and the notice must include an itemized list of rent owed and information about how to recertify income. If the tenant pays the back rent during the 30 days, the nonpayment case cannot go forward. Public housing authorities generally must also offer an administrative grievance process before judicial eviction, with exceptions for criminal activity threatening resident safety, violent or drug-related activity, and felony convictions of household members.13U.S. Department of Housing and Urban Development. Public Housing Occupancy Guidebook – Grievance Procedures These federal protections apply on top of Good Cause, not instead of it.