Notify tenant of intent to evict in New York: New York Eviction Notice

Generally speaking, yes, if you wish to remove a tenant from your New York rental property, you must always provide them with a Notice of Eviction first to start the process. 

Some of the most common situations in which you might need one include:

• The tenant is habitually late to pay their rent or they are behind on payments.
• The tenant has caused substantial damage.
• The tenant harasses or disturbs the quiet enjoyment of their neighbors.
• The tenant is using your property for an illegal business.
• The tenant gets a dog or cat and the rental contract forbids pets.
• The tenant sublets their unit in breach of the agreement.

Outside of these violations, a renter may also be evicted for reasons unrelated to anything they’ve done wrong – like when the property owner needs to move back in. 

Please note that the list above isn't exhaustive and that the acceptable reasons for evicting a tenant may be a little different from place to place. If you've got any concerns about New York eviction laws,reach out to a Rocket Legal Pro™.

While you can choose to make a New York Eviction Notice without support from a lawyer, many landlords find having a lawyer available for questions and consultations extremely helpful. 

A Rocket Legal Pro™ with experience in landlord-tenant matters can help you with evictions, or any other issues that may arise. A Rocket Legal+ membership provides significant discounts on Pro Services, including attorney consultations, and unlimited customizable and e-signable rental documents, at an incredibly low price. 

As a property owner or manager, you can be confident that Rocket Lawyer is by your side.

 Laws change depending on where you (and your property) are. The notice periods in New York, for example, might be different from the ones in other states – in fact, there might even be differences between counties and cities. All the ways the document may be served to the tenant also vary. 

This is all to say that the eviction process and restrictions can be complicated to navigate, particularly when keeping in mind state-specific requirements. As a result, it is strongly recommended that every property owner connect with a lawyer when making a Notice of Eviction in New York - or anywhere else - to any tenant.

Don’t worry – you don’t have to make it all on your own: you can use the document tools on Rocket Lawyer to make a New York Eviction Notice for free. All you have to do is answer a few simple questions and we will put together a customized notice for you, piece by piece, and with all the details customized to your situation. This is often much less time-consuming than other solutions. 

That might change a little depending on the type of Eviction Notice you may need. However, some information must always be provided. Before getting started, you might want to gather the following critical details:

• The address and description of the property.
• The renter's contact information.
• How many past due rent payments should be made (if any) to bring the tenant into compliance with the lease or rental agreement.
• Which of the lease clauses have been violated (and a copy of the Lease Agreement, in this case).
• How much time the tenant has to resolve the situation.

In the event that the tenant isn't at fault, you may want to provide more context. Further customization is permitted as well. You'll need to confirm that all of the policies and terms mentioned in the New York Eviction Notice are present in the fully executed rental contract.

The cost of an eviction varies widely depending on your location and the specifics of the situation. Some things to consider are the cost of filing court documents, legal fees, the value of unrecovered payments, storage or cleaning fees, as well as the money and time spent finding a replacement tenant. 

A Rocket Legal+ membership provides savings for some of these expenses, including unlimited customizable and e-signable rental documents, significant discounts on Pro Services, and ongoing support for your rental property business.

The duration of the eviction process for New York tenants will usually depend on the notice period required, as well as the lawsuit period if you proceed with one. 

Below, you'll find a basic explanation of New York notice periods to get you started:

• Rent-related: 14-day notice.
• Violation of lease agreement: 10-day notice.
• No cause: 90-day notice if the tenant has lived in the unit for more than two years; 60-day notice if the tenant has lived in the unit for less than two years but more than one year; 30-day notice if the tenant has lived in the unit for less than one year.

If the tenant decides to leave before the notice period ends - which is common - the process actually becomes a lot shorter.

If that doesn’t happen, when your notice period is over, the actual eviction may take anywhere from 1 to 5 months. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer. 

After making a New York Eviction Notice, the next step is to serve it. You may read more about the eviction process in New York and everything that follows here.

If a tenant does not pay rent after being given a notice, the landlord can choose to file an eviction lawsuit, also known as a Nonpayment Proceeding or a Holdover Proceeding, depending on the type of eviction.