What is a New York Eviction Notice or Notice to Quit?
When to use a New York Eviction Notice:
- 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.
, New York
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , New York
PLEASE TAKE NOTICE that the tenancy dated
THIS IS INTENDED AS A FOURTEEN (14) DAY LEGAL NOTICE FOR THE PURPOSE OF DEMANDING RENT BE PAID IN FULL. THIS RENT DEMAND IS IN ACCORDANCE WITH NEW YORK REAL PROPERTY ACTIONS AND PROCEEDINGS LAW § 711(2).
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF NEW YORK INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Some Housing Courts in New York City may prefer that Landlords use the Court's own forms. For more information, speak to the Clerk of the Housing Court where you intend to file.
New York Eviction Notice FAQs
Am I legally allowed to evict a tenant for nonpayment of rent in New York?
In general, yes, and you can make a New York Eviction Notice (more specifically called a 14-Day Notice to Quit [Demand for Rent]) to begin the process. However, due to the pandemic, there are a few limitations and special protections in place for tenants who have not been able to pay rent. While the federal ban on eviction has been struck down, the state and municipal governments in New York have the authority to maintain their own restrictions for residential evictions. Stay up to date with the consult a lawyer , if you are uncertain.
Does a property owner have to create an Eviction Notice in New York?
If you would like to remove tenants from your New York rental property, you must always provide them with a Notice of Eviction. Here are a few situations in which you may need one:
- The tenant is routinely late to pay their rent or payments have fallen behind schedule
- The tenant has caused substantial damage
- The tenant harasses or disturbs the quiet enjoyment of other tenants
- The tenant is using your property illegally
- The tenant violates your animal policy
- The tenant sublets their unit in violation of the lease terms
Outside of these examples, tenants generally may be evicted by a property owner due to other reasons that are not related to a fault of their own. For instance, if the owner wishes to move back in. Keep in mind that the list shown above is not totally exhaustive and the lawfully acceptable reasons for evicting a tenant can be different. If you've got any particular hesitations or concerns about New York eviction laws, you can talk to an attorney.
What should be covered in a New York Notice to Vacate?
When ready, you can click on the "Make document" button to take a closer look at the New York Eviction Notice sample. Before getting started, you usually might want to prepare the following information:
- The address and description of the property
- Contact information for the lessee
- Which lease terms have not been upheld
- What the duration of the notice period is
- How many past due payments should be made (if appropriate)
In the event that your tenants are not at fault, you are able to provide more details. More custom editing is allowed, if needed. It is critical to verify that the policies and terms that you reference are actually present in the tenancy agreement that was signed by all parties.
How will New York eviction laws impact me as a landlord?
Eviction laws often change over time and the legal procedure can be fairly complex. In certain instances, there can be varying notice periods and other requirements based on the reason for evicting the tenant and how long they have occupied the unit. Consequently, it's highly recommended that you speak with a local eviction lawyer when planning to deliver a Notice of Eviction to any tenant.
Where can I prepare a New York Eviction Notice template online?
Fortunately, you do not have to reinvent the wheel when writing your document. With the document tools on Rocket Lawyer, anyone can produce New York Eviction Notices with relative ease. Your notice will be constructed piece by piece so you can be sure that it has all of the appropriate details that you'll need. This method, in most cases, would be much less time-consuming than meeting and hiring the average provider.
How much might it normally cost for a lawyer to help me evict a tenant in New York?
If you want to understand the full cost of eviction, you will need to consider the court fees associated with filing the lawsuit, legal fees, the value of unrecovered rent payments, storage or cleaning fees, and finally, the money and time you will spend on finding a replacement tenant. The good news is that you will not have to pay hundreds of dollars to get your Notice of Eviction made. Different from many other sites that you may come across, Rocket Lawyer offers much more than an eviction form. If you proceed with a lawsuit, your Rocket Lawyer membership provides up to a 40% discount when you hire an attorney from our network.
How long does the New York eviction process typically take?
The duration of the eviction process for New York tenants generally will depend on the type of notice, along with the total volume of lawsuits that are happening at the same time. Below, you'll find a basic explanation of New York notice periods:
- 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
When the pre-defined notice period is over, an eviction can take anywhere from 1 to 5 months. Please note that with particular kinds of housing, for instance where rent payments are subsidized, the notice period may be longer.
Should I work with a lawyer when evicting someone in New York?
While it is feasible to build a Notice to Vacate without support, most rental property owners who go to court will have a lawyer represent them. The answer will depend on whom you ask, but quite often some lawyers will not even accept requests to review your document if they did not write it. An easier approach worth consideration is to get help via the Rocket Lawyer On Call® attorney network. By signing up for a Premium membership, you have the ability to request advice from an Rocket Lawyer network attorney with landlord-tenant experience or send other legal questions about your NY Eviction Notice. Rocket Lawyer is here for you.
What should happen once I create a Notice of Eviction/Notice to Quit in New York?
After making a New York Eviction Notice with the help of Rocket Lawyer, you will have the ability to review it wherever and whenever you choose. With a Rocket Lawyer membership, you will be able to edit it, make a copy, download it in PDF format or as a Word document, and/or print it as necessary. You must sign and date it before serving it on the tenant. As the landlord, you cannot serve the notice yourself. Instead a third-party process server or other adult who is not a party to the lease should serve it on your behalf.
As a reminder, "DIY" evictions are illegal in New York. Property owners cannot shut off utilities and services, change locks, remove personal belongings, or harass tenants in any way in an effort to force them to move. Taking the appropriate lawful actions before and during the eviction process will put you in the best position to remove tenants successfully with a judgment from the court.