New York Eviction Notice Requirements
In New York, a landlord must serve a written rent demand giving the tenant at least 14 days to pay before starting a nonpayment proceeding. For lease violations, there is no single statewide period; the notice to cure is usually set by the lease or by rent regulation rules. Ending a month-to-month or other residential tenancy requires 30, 60, or 90 days' notice depending on how long the tenant has lived there, under Real Property Law § 226-c.
The rent demand must be in writing, state the rent owed, and be served the way the law requires. Under Real Property Law § 235-e, a landlord must also send a written notice by certified mail when rent is not received within 5 days of the due date, and failing to do so can be raised as a defense. The 14-day demand must also include a notice about whether the unit is covered by the state Good Cause Eviction law, which applies in New York City and in localities that opt in.
If the tenant does not pay or cure, the landlord may begin a summary proceeding in the local city, district, county, town, or village court. In New York City, cases go to Housing Court. A tenant cannot be removed without a judgment and a warrant executed by a sheriff, marshal, or constable after 14 days' written notice, and unlawful eviction, including lockouts and utility shutoffs, is a class A misdemeanor under RPAPL § 768.
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New York: common questions
How long is a rent demand in New York?
At least 14 days. The written demand must require payment of the rent or possession of the premises and give the tenant at least 14 days before the landlord can file a nonpayment proceeding. An oral demand is not enough. The demand must also include the Good Cause Eviction coverage notice.
How much notice ends a month-to-month tenancy in New York?
It depends on how long the tenant has lived in the unit or the lease length: 30 days for under one year, 60 days for one to two years, and 90 days for two years or more, under Real Property Law § 226-c. Good Cause Eviction rules may also limit non-renewals where they apply.
What notice is needed for a lease violation in New York?
State law does not set one fixed cure period for all tenancies. The cure period is usually set by the lease, and rent-stabilized tenancies follow specific regulations. If the violation is not cured, a separate termination notice usually follows before the case is filed.
Does New York City have different eviction rules?
Yes. Most New York City evictions go through Housing Court, many apartments are rent-stabilized, and the state Good Cause Eviction law applies to covered apartments in the city. Check city rules and rent regulation status in addition to the general state rules.
Compare nearby states
| State | Unpaid rent | Lease violation | Month-to-month |
|---|---|---|---|
| New York | 14 days | See statute | See statute |
| Connecticut | 3 days | 15 days | See statute |
| Massachusetts | 14 days | See statute | See statute |
| New Jersey | See statute | See statute | See statute |
| Pennsylvania | 10 days | See statute | 15 days |
| Vermont | 14 days | 30 days | See statute |
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