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New York Eviction Notice

A New York Eviction Notice such as a Rent Demand, Pay or Quit, Notice to Cure or Notice of Termination starts the formal eviction process. An Eviction Notice tells tenants that if they do not comply... Read More

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Making a New York Eviction Notice

  • What is a New York Eviction Notice?

    A New York Eviction Notice such as a Rent Demand, Pay or Quit, Notice to Cure or Notice of Termination starts the formal eviction process. An Eviction Notice tells tenants that if they do not comply that the landlord will file with the court to request an eviction order. If it is a "no cause" eviction, it lets month-to-month tenants know that they need to move or it notifies renters that the property manager does not intend to renew their lease.

    Use the New York Eviction Notice document if:

    • A tenant is behind in rent and you need to start the eviction process.
    • A tenant has violated the lease agreement.
    • You desire to end a month-to-month tenancy.
    • A lease agreement or landlord-tenant relationship does not exist.
    • You do not intend to renew a lease with your tenants.

    Eviction law varies throughout the state of New York. Laws may vary by city, county or village. Laws for rent-controlled buildings may also apply. If you are unsure about what laws may apply to your specific area, you'll benefit from consulting with a lawyer who specializes in landlord-tenant laws in your area. Do not try to evict a tenant without following the formal process.

    Other names for this property management document: Rent Demand, Notice to Quit, NY Eviction Notice, 10-Day Notice to Cure, 30-Day Notice to Terminate, 10-Day to Notice to Quit

    How to legally evict a tenant in New York

    You can evict tenants in New York with or without cause depending on the situation. The first step is to terminate the tenancy. Terminating the tenancy is simply ending the lease agreement and asking the renter to vacate using the required written notice. If the tenant does not comply, you can file an eviction lawsuit with the court. New York has specific laws about how you can end a tenancy.

    Generally, you have a few with cause notice types you can deliver,

    • Notice to Pay Rent or Quit or Rent Demand: This notice is used when a tenant doesn't pay the rent. It asks them to pay rent or quit (move out).
    • Notice to Cure: This notice is used when a tenant has violated the terms of the lease. It usually includes a certain number of days to comply.
    • Notice of Termination: If the tenant doesn't comply with the Notice to Cure the next step is to deliver a Notice of Termination.

    Depending on the local laws, you can start the eviction process without cause using,

    • 30- or 60- day notice of termination: You can use this notice for month-to-month renters. It lets them know that you plan on terminating the lease and that they need to move within a certain amount of time.
    • Notice to move: This is a letter letting a tenant know that you do not intend to renew their lease and that they need to plan to move at the end of the lease.

    Make sure to document all communications including notices delivered, phone conversations and text messages, letter and emails. Try to take all the proper steps in case your tenants try to fight the eviction. To help keep your information organized, you can use our Eviction Process Worksheet.

    Information to complete this Eviction Notice

    Using the Rocket Lawyer document builder, you can make four different types of notices: Rent Demand (pay or quit), 10-Day Notice to Cure (comply with lease), 30-Day Notice to Terminate (month-to-month) or 10-Day to Notice to Quit letter (no lease). Once you select the type of eviction, the document builder will automatically start creating the appropriate type of notice.

    To build the notice you need the following information:

    Addresses. Of rental location and the property manager or landlord.

    Tenant names. Include every name that is listed on the lease.

    Status of lease. You'll need to include whether a signed lease or rental agreement exists. Include lease date if applicable.

    Details of lease violations. If applicable list the lease violations.

    Type of eviction. Whether you want to make a Rent Demand, 10-Day Notice to Cure, 30-Day Notice to Terminate or 10-Day to Notice to Quit letter.

    Affidavit of Service. Whether you want to include an affidavit of service to document delivery.

    Date. The date the landlord will sign the notice.

    Once you submit the above information, the notice will automatically generate with the required legal language and an Affidavit of Service letter. Both forms can be downloaded in PDF or Word format. You can login to Rocket Lawyer and change your document at any time. If you need a different type of property management document, see essential documents for landlords.

    How to serve an Eviction Notice in New York state

    Some areas of New York require the use of a licensed process server as part of the civil procedure process. If you need to use a processor, you'll want to carefully vet them to verify that they are licensed and follow the required procedures. Some may even be required to use GPS technologies to verify the locations they served. If you are not sure about your local requirements, you can ask a local lawyer or visit the New York Unified Court System website and search for the local processing requirements. If you do not need to use a licensed processor, you can use the Affidavit of Service letter that we provide to document the delivery.

  • Is it illegal to evict a tenant without a court order?

    Yes, landlords must obtain a court order to legally evict a tenant in New York state. You can deliver late rent or Pay or Quit notices. You can ask them to move. But you cannot "make' them move or have them forcibly removed by the sheriff without a court order.

  • Can I evict month-to-month tenants?

    In most cases, you can without cause. You'll need to verify the local requirements, but in most areas, you can serve a 30- or 60-day notice of termination. Before you deliver the notice, verify that the original lease did not automatically roll-over into a new rental contract. If an active lease agreement still exists, you'll need to comply to the terms of the lease. If the rental is located in a rent-controlled area, you may not be able to evict without cause.

  • Can I evict family members?

    If the family members do not own or partially own the property, yes. In most cases, you simply follow the standard eviction process to remove a family member from one of your properties. You'll often have more success with family members, and family relationships, if you first attempt other means to get them to move; however, if you exhausted all polite attempts to get them to give up the property, you may need to proceed with the legal eviction process. A lawyer can help you understand the local laws that may apply to your situation.

    If the family member lives in the same house as you, the process can become awkward and volatile. The first thing to figure out is if they are an actual tenant or not. If they are, then standard tenant laws may apply. To maintain relations, you may find yourself in a "cash for keys" situation in which you help them financially to move in exchange for them moving out.

    New York Evictions: Tenant Rights

    In New York, like many states, tenant-landlord laws often favor the landlord or the property management company; however, New York renters do have rights. If you receive an eviction notice and you are not behind on your rent and you do not believe you have violated your lease, you may want to hire a lawyer to help you combat the eviction. If you cannot afford a lawyer, you'll benefit from seeking out what low-cost or free legal services may be available to you.

    Rents in New York are nearly the highest in the nation. If you are paying less rent than your neighbors, your property management company may want to either raise your rent or move someone else in who will pay a higher rent. In the past decade or so in NY, some landlords have been attempting to evict tenants in order to increase rents. While this may not be what is happening to you, you should be aware that it is a common tactic in your state. Many renters even end up deciding to take a "buyout" as an incentive to move.

    Here are answers to some common questions you may have:

    How many months do you have to be behind in rent to be evicted?
    In many cases, a landlord can start the eviction process as soon as you are late paying rent. When rent is considered late should be defined in your lease agreement. Generally, its five days after the rent due date, which is often the first of the month. It is in your favor, to notify your landlord as soon as you know when you might be late paying rent and to work out a payment arrangement as soon as possible. If a payment arrangement is decided upon, get that agreement in writing and stick to the payment schedule.

    What can a landlord not do to try to get me to move?
    Some landlords may try strongarm tactics, often called "self-help evictions" to try to get you to move. Legal evictions need to follow the state and local eviction laws. Landlords generally cannot without a court order:

    • Change the locks
    • Barricade or block the doors
    • Turn off utilities or water
    • Remove your furniture or property

    What protections do I have from eviction?
    Most areas have laws to protect from evictions for reasons such as discrimination based on ethnicity, gender, age, religion, marital status and more. In some areas you may also have some ground for fighting an eviction if the landlord has not kept the property habitable. If the landlord hasn't followed the proper eviction process, you may also have a defense. In these cases, it is best to consult with a local attorney who specializes in landlord-tenant laws.

    What is "cash for keys?"
    This tactic is becoming quite common in high-rent regions like New York. Sometimes a landlord may try to entice you to move with a cash incentive. In areas of New York state, the incentive may be thousands of dollars. This is a strategy some property owners use to try to get you to move more quickly without going through the formal eviction process. It is called "cash for keys," because they give you the cash and you give them the keys and give up the rights to the rental.

    Can landlords evict me without a reason?
    In rent-controlled areas, they most often need a reason. If they are not bound by local rent-control laws, they can often ask you to move or vacate without cause. In most areas, they need to give you 30 or 60 days notice.

    What happens if I am evicted?
    If you do not move out on your own, a local sheriff or marshal will escort you off the property. At this point in the process, if you do not move or are not there when the sheriff arrives, they can change the locks and confiscate your property. Your belongings are often stored and you have to pay the storage fees to get your property back. An eviction on your rental records may make it difficult for you to rent another property.

    To learn more about basic eviction rights, see our tenants legal help center.

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