Eviction Notice Requirements in New York

At a glance

Requirements one by one

Governing law

New York's eviction machinery lives in the Real Property Actions and Proceedings Law (RPAPL) Article 7 — the "summary proceeding." Section 711 lists the grounds and the rent-demand rule, § 735 sets how papers are served, § 751 lets a tenant pay to stop the warrant, and § 753 governs court stays. The notice periods for ending or not renewing a residential tenancy are in Real Property Law (RPL) § 226-c. The statewide "just cause" overlay is a separate law, RPL Article 6-A, the Good Cause Eviction Law (§§ 210–216). Retaliatory evictions are barred by RPL § 223-b.

Notice for unpaid rent

Before filing a nonpayment case, the landlord must make "a written demand of the rent... with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises" (RPAPL § 711(2)). That is a 14-day count in calendar days — the statute sets no weekend or holiday exclusion. Since 2024 the 14-day notice must also "append or contain" a separate disclosure (the RPL § 231-c notice) telling you whether your unit is covered by the Good Cause Eviction Law. Paying the rent demanded stops the proceeding.

Notice for a lease violation

New York has no single statute setting a fixed cure-or-quit notice period for ordinary lease violations the way many states do. What pre-suit notice you get for a non-rent breach comes from your lease's own terms (a "notice to cure" clause). Two statutory backstops matter, though. If your unit is covered by the Good Cause Eviction Law, the landlord can't refuse to renew over a lease breach unless you've "failed to cure such violation after written notice that the violation cease within ten days of receipt of such written notice" (RPL § 216(1)(b)) — a 10-day cure floor. And statewide, once a landlord sues over a lease breach, "the court shall grant a thirty day stay of issuance of the warrant, during which time the respondent may correct such breach" (RPAPL § 753(4)). That 30-day court cure right can't be waived in a lease.

Unconditional quit (no cure allowed)

New York has no separate "unconditional quit" notice with a set number of days. Serious misconduct is instead handled as a holdover proceeding after the landlord terminates the tenancy (the termination notice comes from the lease or common law, not a fixed statutory day-count). Using the premises "for any illegal trade or manufacture, or other illegal business" is its own ground for a summary proceeding (RPAPL § 711(5)). And the 30-day cure stay above does not rescue a tenant the landlord proves is "objectionable": § 753's protections "shall not apply to a proceeding to recover possession upon the ground that an occupant is holding over and is objectionable" (RPAPL § 753(3)).

Ending a month-to-month tenancy

To end a periodic tenancy for no fault — or to decline to renew a lease — the landlord's notice depends on length of occupancy. Under RPL § 226-c(2), a tenant who has occupied "less than one year" gets "at least thirty days' notice"; "more than one year but less than two years" gets "at least sixty days' notice"; and "more than two years" gets "at least ninety days' notice." (These periods, added by the 2019 Housing Stability and Tenant Protection Act, now govern month-to-month terminations both inside New York City (RPL § 232-a) and outside it (RPL § 232-b).) But in a Good-Cause-covered unit, a bare no-reason termination isn't available at all — see the next dimension.

Just cause to evict required?

Yes — in New York City automatically, and elsewhere wherever a locality opts in. The Good Cause Eviction Law took effect in 2024. It "shall apply to the city of New York" upon its effective date (RPL § 212), and it applies "in any village, town, or a city, other than the city of New York, that... adopts the provisions of this article by local law" (RPL § 213(1)). Where it applies, "No landlord shall... remove any tenant... except for good cause as defined in section two hundred sixteen" (RPL § 215). "Good cause" is a defined list — nonpayment of a reasonable rent, a cured-or-uncured substantial lease breach, nuisance, illegal use, the owner (or close family) moving in, demolition, or permanent withdrawal from the market, among others (RPL § 216). The law carves out many units: buildings owned by a "small landlord" (10 units or fewer) or owner-occupied buildings of 10 or fewer units, new construction (a certificate of occupancy issued on or after Jan. 1, 2009, for its first 30 years), and units renting above 245% of the local fair market rent (RPL § 214). Note the sunset: the official statute is marked "Repealed June 15, 2034" (RPL § 215), so it is not permanent unless renewed.

How the notice must be served

A summary-proceeding notice and petition — and the 14-day rent demand, which § 711 requires be served "as prescribed in section seven hundred thirty-five" — may be served three ways under RPAPL § 735(1): by "personally delivering them to the respondent"; by leaving a copy "with a person of suitable age and discretion who resides or is employed at the property" and then mailing a copy (substituted service); or, if that fails, "by affixing a copy... upon a conspicuous part of the property... or placing a copy under the entrance door" and mailing (the conspicuous-place or "nail and mail" method). For the two mailing methods, the statute requires a mailing "both by registered or certified mail and by regular first class mail" within one day.

Tenant's right to cure/reinstate

New York gives tenants strong statutory ways to stop an eviction. In a nonpayment case, "at any time before a warrant is issued" the tenant may stay it by "depositing the amount of the rent due... and the costs of the special proceeding" with the court (RPAPL § 751(1)); the Good Cause Eviction Law separately preserves a tenant's right "to permanently stay the issuance or execution of a warrant... the underlying basis of which is the nonpayment of rent" if the tenant complies with § 751 (RPL § 216(3)). For a lease breach, the 30-day court cure stay under RPAPL § 753(4) applies. And a landlord may not "serve a notice to quit... or commence any action... in retaliation for" a good-faith habitability complaint, enforcing your rights, or joining a tenants' organization; a rebuttable presumption of retaliation arises if the landlord acts within one year of such protected activity (RPL § 223-b).

What trips people up

The rent notice is 14 days, and it's calendar days. New York's 14-day rent demand (a change from the old 3-day demand) runs on calendar days — there's no weekend or holiday exclusion like California's. Count fourteen actual days from service.

"Good Cause" is not automatic statewide. It covers New York City by operation of law, but outside the city it applies only where the village, town, or city has passed a local law adopting it. Several localities (Albany, Kingston, and others) have opted in; most of the state has not. And even in a covered place, the small landlord, owner-occupied, new construction, and high-rent exemptions take many units back out. Don't assume you're covered without checking your locality and your unit type.

A lease "notice to cure" is not the same as the court's 30-day stay. The pre-suit notice to cure a lease violation comes from your lease, and its length is whatever the lease says. The 30-day window in RPAPL § 753(4) is a separate, non-waivable stay the court grants after the case is filed. They stack; don't count on one to substitute for the other.

Common questions

How many days does a New York rent notice give me? Fourteen. The landlord must serve a written 14-day rent demand before filing a nonpayment case, and it runs on calendar days. Paying the full amount demanded stops the case.

My landlord just wants me out and I've lived here three years — how much notice? For a no-fault end to a month-to-month tenancy or a non-renewal, three years of occupancy means at least 90 days' written notice (RPL § 226-c). And if your unit is covered by the Good Cause Eviction Law, the landlord generally can't refuse to renew without a listed good cause at all.

Can I fix a lease violation to avoid eviction? Usually yes. If your unit is Good-Cause-covered you're entitled to at least 10 days to cure a substantial breach after written notice, and in any event the court must give you a 30-day stay to correct a lease breach before issuing the warrant (RPAPL § 753(4)).

Can my landlord change the locks or shut off the utilities instead of going to court? No. In New York a tenant can be removed only by a court warrant executed by an enforcement officer; a lockout, utility shutoff, or removing your belongings to force you out is illegal regardless of any notice.

Statutes and sources

• N.Y. Real Prop. Acts. Law § 711(2) — 14-day written rent demand before a nonpayment proceeding; must append the § 231-c good-cause disclosure. https://www.nysenate.gov/legislation/laws/RPA/711 (accessed 2026-07-10)
• N.Y. Real Prop. Acts. Law § 711(5) — illegal-business use as a ground for a summary proceeding. https://www.nysenate.gov/legislation/laws/RPA/711 (accessed 2026-07-10)
• N.Y. Real Prop. Acts. Law § 735(1) — service methods (personal, substituted, conspicuous-place) with dual mailing. https://www.nysenate.gov/legislation/laws/RPA/735 (accessed 2026-07-10)
• N.Y. Real Prop. Acts. Law § 751(1) — pay rent plus costs before the warrant issues to stay eviction. https://www.nysenate.gov/legislation/laws/RPA/751 (accessed 2026-07-10)
• N.Y. Real Prop. Acts. Law § 753(4) — court's 30-day stay to cure a lease breach. https://www.nysenate.gov/legislation/laws/RPA/753 (accessed 2026-07-10)
• N.Y. Real Prop. Acts. Law § 753(3) — cure stay unavailable against an "objectionable" holdover tenant. https://www.nysenate.gov/legislation/laws/RPA/753 (accessed 2026-07-10)
• N.Y. Real Prop. Law § 226-c(2) — 30/60/90-day notice to end or not renew a tenancy, by length of occupancy. https://www.nysenate.gov/legislation/laws/RPP/226-C (accessed 2026-07-10)
• N.Y. Real Prop. Law § 212 — Good Cause Eviction Law applies to New York City. https://www.nysenate.gov/legislation/laws/RPP/212 (accessed 2026-07-10)
• N.Y. Real Prop. Law § 213(1) — localities outside NYC may opt in by local law. https://www.nysenate.gov/legislation/laws/RPP/213 (accessed 2026-07-10)
• N.Y. Real Prop. Law § 215 — good cause required for removal; official repeal marker June 15, 2034. https://www.nysenate.gov/legislation/laws/RPP/215 (accessed 2026-07-10)
• N.Y. Real Prop. Law § 216(1)(b) — 10-day cure of a substantial lease obligation for covered tenants. https://www.nysenate.gov/legislation/laws/RPP/216 (accessed 2026-07-10)
• N.Y. Real Prop. Law § 216(3) — preserves the § 751 permanent stay for nonpayment. https://www.nysenate.gov/legislation/laws/RPP/216 (accessed 2026-07-10)
• N.Y. Real Prop. Law § 223-b(1) — bar on retaliatory notices/eviction; one-year rebuttable presumption. https://www.nysenate.gov/legislation/laws/RPP/223-B (accessed 2026-07-10)