NOTICE TO TENANT OF DEFAULT AND TERMINATION

(Compliant with New York State Real Property Law and Real Property Actions & Proceedings Law)

[// GUIDANCE: This template consolidates the three most common New York eviction notice categories—(A) Non-Payment of Rent, (B) Breach of Lease (other than rent), and (C) No-Fault / Holdover—into a single, modular document. Delete any inapplicable bracketed sections before service. Statutory citations are limited to well-established, core provisions per the Citation Policy.*]

I. DOCUMENT HEADER

1. Date of Notice: [DATE]
2. Landlord / Owner / Agent (“Landlord”): [LEGAL NAME]
3. Tenant(s): [LEGAL NAME(S)]
4. Premises: [STREET ADDRESS, UNIT, CITY, STATE, ZIP]
5. Governing Law & Forum:
   a. This Notice is issued pursuant to:
   • N.Y. Real Prop. Acts. Law § 711;
   • N.Y. Real Prop. Law §§ 226-c & 232-a (as applicable).
   b. Any eviction proceeding shall be filed in the appropriate New York [COUNTY] Housing Court.

II. DEFINITIONS

“Business Day,” “Cure,” “Default,” “Rent,” “Termination Date,” and other capitalized terms are defined contextually below for clarity and consistency.

III. OPERATIVE PROVISIONS

1. IDENTIFICATION OF DEFAULT

☐ A. Non-Payment of Rent (14-Day Rent Demand).
Tenant is in Default for failure to pay Rent. As of the Date of Notice, the total Rent arrears are $[AMOUNT] for the period [FROM] – [TO] (“Default Period”).

☐ B. Breach of Lease Other Than Rent (10-Day Notice to Cure).
Tenant is in Default for violation of the following material lease provision(s): [SPECIFY SECTION(S) AND DESCRIPTION OF BREACH].

☐ C. No-Fault / Holdover (30/60/90-Day Notice of Termination).
Landlord elects to terminate the tenancy pursuant to N.Y. Real Prop. Law § 226-c. Tenant has occupied the Premises for:
☐ less than 1 year → 30-day notice
☐ 1 – 2 years → 60-day notice
☐ 2 years or more → 90-day notice

[// GUIDANCE: Check ONLY the applicable box. A & B may be combined if rent is also owed.]

2. AMOUNT DUE (If Applicable)

a. Base Rent: $[AMOUNT]
b. Additional Rent / Fees (itemized):
– Late fees: $[ ]
– Utilities: $[ ]
– Other: $[ ]
c. TOTAL DUE: $[TOTAL]

Payment must be in certified funds, money order, or other form permitted by the lease, and delivered to [PAYMENT ADDRESS] on or before the Expiration of Notice Period stated in Section 3.

3. NOTICE PERIOD & TERMINATION DATE

• Non-Payment (A): Tenant has fourteen (14) calendar days after service of this Notice to pay the Total Due in full.

• Breach of Lease (B): Tenant has ten (10) calendar days after service to Cure the Default. If Tenant fails to Cure, Landlord will serve a separate thirty (30)-day Notice of Termination, after which the tenancy will end.

• No-Fault / Holdover (C): The tenancy shall terminate at 11:59 p.m. on [TERMINATION DATE] (the 30th/60th/90th day after service, per occupancy length).

IV. REPRESENTATIONS & WARRANTIES

1. Authority. Landlord represents it is the record owner or duly authorized managing agent of the Premises.
2. Accuracy. All amounts stated are true and correct to the best of Landlord’s knowledge.
3. No Waiver. Acceptance of partial payment or failure to enforce rights does not waive Landlord’s right to full performance or future enforcement. This Notice is without prejudice to all other remedies.

V. COVENANTS & RESTRICTIONS

1. Tenant’s Covenant to Perform. Tenant shall timely pay Rent and comply with all lease terms and applicable law.
2. Quiet Surrender. If Tenant does not Cure or vacate by the Termination Date, Tenant shall peacefully surrender possession without further demand.

VI. DEFAULT & REMEDIES

1. Summary Proceeding. Failure to comply will result in commencement of a summary eviction proceeding under N.Y. Real Prop. Acts. Law Article 7.
2. Monetary Judgment. Landlord will seek a money judgment for all unpaid Rent, use and occupancy, fees, and court costs.
3. Attorneys’ Fees. If the lease allows, Landlord will seek reasonable attorneys’ fees.
4. Graduated Remedies. Landlord reserves all legal and equitable remedies, including injunctive relief and issuance of a warrant of eviction.

VII. RISK ALLOCATION

[Not Applicable – legal notice only. Indemnification / liability caps omitted per metadata.]

VIII. DISPUTE RESOLUTION

1. Governing Law. This Notice and any related proceeding shall be governed by the laws of the State of New York.
2. Forum Selection. Exclusive venue lies in the Housing Part of the Civil Court for the county where the Premises are located.
3. Arbitration. Not available for summary eviction matters.
4. Jury Trial. Tenant’s constitutional right to demand a jury (if applicable) is preserved.

IX. GENERAL PROVISIONS

1. Severability. If any portion of this Notice is held invalid, the remainder shall remain in full force and effect.
2. No Merger. This Notice does not merge with any prior or subsequent notice unless expressly stated in writing.
3. Further Notices. Landlord may serve additional or amended notices as permitted by law.

X. SIGNATURE & SERVICE

LANDLORD / AUTHORIZED AGENT

Signature
Name: [PRINT NAME]
Title: [Owner / Managing Agent / Attorney-in-Fact]
Address: [ADDRESS]
Telephone: [PHONE]
Email: [EMAIL]

CERTIFICATE OF SERVICE

I, [SERVER NAME], being duly sworn, certify under penalty of perjury that on [DATE] I served the foregoing Notice on [TENANT NAME(S)] by:

☐ Personal delivery to Tenant;
☐ Substituted delivery to a person of suitable age and discretion at the Premises followed by mailing on [DATE]; or
☐ Conspicuous placement at the Premises after due diligence, plus mailing on [DATE];

all in accordance with N.Y. Real Prop. Acts. Law § 735, and retained a true copy hereof.

[SERVER SIGNATURE]

Subscribed and sworn before me on [DATE]

Notary Public

[// GUIDANCE: Attach (i) rent ledger or breach documentation, and (ii) additional statutory language required for rent-stabilized or federally subsidized tenancies, if applicable. Verify local county rules for any supplemental affidavits.]