Notice to Cure / Notice of Termination for Lease Violation (New York)

NOTICE TO CURE / NOTICE OF TERMINATION FOR LEASE VIOLATION — STATE OF NEW YORK

TABLE OF CONTENTS

1. Parties and Premises
2. Part A — Notice to Cure
3. Part B — Notice of Termination (Issue Only If Breach Not Cured)
4. Tenant Rights and Statutory Warnings
5. Reservation of Rights
6. Delivery Record
7. Sources and References

1. PARTIES AND PREMISES

TO: [TENANT FULL LEGAL NAME], and all other persons in possession or claiming possession,
RESPONDENT(S) / TENANT(S)

Premises: [STREET ADDRESS, APT/UNIT NO.], [CITY], [COUNTY] County, New York [ZIP] (the "Premises").

FROM: [LANDLORD FULL LEGAL NAME], by and through [its/her/his] agent if applicable, [AGENT NAME, IF ANY], LANDLORD

Lease: Written/oral lease dated [__/__/____], with current term [from __/__/____ to __/__/____] (or) month-to-month tenancy commencing [__/__/____].

Regulatory Status of Premises (check one):

☐ Unregulated tenancy (check whether the Good Cause Eviction Law applies)
☐ Rent-stabilized (subject to 9 NYCRR Parts 2520-2531)
☐ Rent-controlled
☐ Mitchell-Lama / HUD-assisted / NYCHA / Section 8 (additional procedures apply)
☐ Other: [____________________]

Good Cause Eviction check: For an unregulated unit in New York City or a locality that has adopted RPL article 6-A, determine whether an exemption applies before using this notice. If the unit is covered, RPL § 216(1)(b) permits eviction for a substantial tenancy-obligation breach only after written notice to stop the violation within ten days of receipt and failure to cure. RPL § 231-c requires its prescribed applicability notice with an initial or renewal lease, a notice under RPL § 226-c, a rent demand under RPAPL § 711(2), or an eviction petition under RPAPL § 741. It does not list a standalone lease-breach cure or termination notice; append or incorporate the completed statutory notice in any later petition.

Use Part A first. Complete and deliver Part B separately only after the applicable cure period has expired without cure. Sign each part before delivering it, and complete a separate delivery record for each.

2. PART A — NOTICE TO CURE

Date of this Notice: [__/__/____]

PLEASE TAKE NOTICE that the Landlord has determined that you have violated one or more substantial obligations of your tenancy as set forth below. Pursuant to paragraph [____] of your lease and any applicable regulatory requirement, you are given the period selected below to cure the violation(s) described herein.

Cure period and basis (complete before delivery): ☐ Covered Good Cause Eviction Law tenancy: ten days after the tenant receives this written notice under RPL § 216(1)(b). ☐ Rent-stabilized tenancy: period required by the applicable rent-stabilization rule and lease, confirmed as [____] days after [RECEIPT OR OTHER LEGAL TRIGGER]. ☐ Other tenancy: period required by lease paragraph [____] or other applicable rule, confirmed as [____] days after [RECEIPT OR OTHER LEGAL TRIGGER]. Cure deadline: ☐ Ten days after actual receipt, for the selected Good Cause route ☐ Calendar date [__/__/____], calculated under the selected governing rule. Do not calculate a receipt-based period from the document date.

2.1 Description of Violation(s)

The lease provision(s) violated: paragraph(s) [____________________] of the lease, which provide(s):

"[QUOTE THE EXACT LEASE LANGUAGE BREACHED]"

The specific facts and acts constituting the breach are:

2.2 Cure Required

To cure the violation, you must, by the cure deadline stated above:

☐ [Specific cure action #1, e.g., "Remove all unauthorized occupants from the Premises"]
☐ [Specific cure action #2, e.g., "Remove all unauthorized pets from the Premises"]
☐ [Specific cure action #3, e.g., "Cease all subletting/short-term rental (Airbnb) of the Premises"]
☐ [Specific cure action #4, e.g., "Repair / restore the Premises to the condition described in [Inspection Report dated __/__/____]"]
☐ [Specific cure action #5, e.g., "Cease the conduct described above and provide written assurance of non-recurrence"]
☐ Other: [________________________________]

2.3 Consequence of Failure to Cure

If you fail to cure the violation(s) by the stated deadline, the Landlord may elect to issue a separate Notice of Termination (Part B below) and, if you remain after a valid termination, may seek possession in a summary proceeding under RPAPL § 711(1).

Landlord / agent signature for Part A: ________________________________________ Date: [__/__/____]

3. PART B — NOTICE OF TERMINATION (Issue Only If Breach Not Cured)

Date of this Notice: [__/__/____]

PLEASE TAKE FURTHER NOTICE that the Landlord previously delivered to you a Notice to Cure dated [__/__/____], a copy of which is attached hereto as Exhibit A. It was received on [__/__/____] if receipt controls the cure period. The applicable cure period expired on [__/__/____].

You failed to cure the violations within the cure period, and the violations described in the Notice to Cure remain ongoing as of the date of this Notice of Termination, in that:

[________________________________]
[________________________________]
[________________________________]

3.1 Termination

PLEASE TAKE NOTICE that pursuant to:

☐ paragraph [____] of the lease authorizing the Landlord to terminate the tenancy upon the tenant's breach of a substantial obligation,

☐ 9 NYCRR § 2524.3(a) (rent-stabilized: failure to cure breach of substantial obligation of tenancy),

the Landlord hereby TERMINATES YOUR TENANCY as of [__/__/____] (the "Termination Date"), which date is not less than the period required by law and lease.

You are required to surrender possession of the Premises to the Landlord on or before the Termination Date.

3.2 Holdover Proceeding If You Fail to Vacate

If you fail to vacate and surrender possession of the Premises on or before the Termination Date, the Landlord will commence a holdover summary proceeding against you in:

☐ The Civil Court of the City of New York, [Bronx / Kings / New York / Queens / Richmond] County, Housing Part (if Premises are in NYC)

☐ The [____________________] [County / City / Town / Village / District] Court (if Premises are outside NYC)

pursuant to RPAPL §§ 711(1), 731, and 741, seeking a final judgment of possession, the issuance of a warrant of eviction, and a money judgment for use and occupancy plus court costs and (if authorized) attorney's fees.

4. TENANT RIGHTS AND STATUTORY WARNINGS

1. Post-judgment cure stay (statewide). Pursuant to RPAPL § 753(4), if a proceeding is based on a claim that you breached a provision of the lease, the court shall grant a thirty (30) day stay of issuance of the warrant during which you may correct the breach.

2. Right to counsel (NYC). If you reside in New York City, you may be entitled to free legal representation under NYC Local Law 136 of 2017 (NYC Admin. Code §§ 26-1301 et seq.). Call 311 or contact the Office of Civil Justice.

3. Outside NYC. Free or low-cost legal help may be available through a Legal Aid or Legal Services office serving your county, Empire Justice Center, or your county bar association.

4. No retaliation. Under RPL § 223-b, the Landlord may not terminate your tenancy or commence a proceeding in retaliation for, among other things, complaints to a governmental authority of housing-code violations or for asserting rights under the warranty of habitability (RPL § 235-b).

5. Domestic violence and covered-housing VAWA. Domestic violence victim status may support a defense under N.Y. Real Prop. Acts. Law § 744, and N.Y. Real Prop. Law §§ 227-c and 227-d address qualifying lease termination and status-based discrimination; §§ 744 and 227-d exclude owner-occupied buildings with two or fewer residential units. In housing assisted under a covered federal program, 34 U.S.C. § 12491 protects qualifying victims of domestic violence, dating violence, sexual assault, or stalking from eviction on that basis.

6. Tenant blacklisting prohibited. It is unlawful for any person to refuse to rent to you solely because you have been in housing court (HSTPA 2019).

7. Subsidized housing. If you reside in NYCHA, Section 8, Mitchell-Lama, or other federally or state-assisted housing, additional grievance procedures and notice requirements apply before any eviction may be commenced. This Notice does not waive any such procedure.

5. RESERVATION OF RIGHTS

Nothing in this Notice shall constitute a waiver of, or election among, any rights or remedies of the Landlord at law, in equity, or under the lease. The Landlord reserves the right to pursue any other ground for termination of your tenancy and any claim for damages, use and occupancy, costs, disbursements, and attorney's fees.

6. PART B SIGNATURE

[________________________________]
[LANDLORD NAME], Landlord
(or) [AGENT NAME], as agent for [LANDLORD NAME]

Date: [__/__/____]

Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

7. DELIVERY RECORD

Complete a separate record for Part A and Part B. Check the lease and any applicable regulatory rule for the method of delivering each predicate notice. RPAPL § 735 governs service of a later notice of petition and petition; it does not itself prescribe the delivery method for this lease-breach notice.

Notice delivered: ☐ Part A — Notice to Cure ☐ Part B — Notice of Termination

Tenant / recipient: [________________________________]

Date and time of delivery: [__/__/____] at [____:____] ☐ AM ☐ PM

Delivery method and governing lease or rule: [________________________________]

Address or location: [________________________________]

Person who delivered or mailed the notice: [________________________________]

Proof of delivery or receipt (identify attachment, tracking record, or recipient acknowledgment): [________________________________]

Tenant's actual receipt date, if known: [__/__/____]

Signature of person completing this record: ________________________________________ Date: [__/__/____]

8. SOURCES AND REFERENCES

• RPAPL § 711(1) — Holdover ground (tenant remaining after expiration/termination of term). https://www.nysenate.gov/legislation/laws/RPA/711
• RPAPL § 753(4) — Statewide 30-day post-judgment cure stay for a proceeding based on lease breach. https://legislation.nysenate.gov/pdf/laws/RPA753
• RPAPL § 735 — Service of the notice of petition and petition; § 711(2) separately incorporates that method for a rent demand. https://legislation.nysenate.gov/pdf/laws/RPA735
• RPL § 232-a — Notice to terminate month-to-month tenancy in NYC. https://www.nysenate.gov/legislation/laws/RPP/232-A
• RPL § 226-c — Statewide sliding-scale termination notice. https://www.nysenate.gov/legislation/laws/RPP/226-C
• RPL §§ 213, 216(1)(b), 231-c — Local Good Cause coverage, lease-breach ground and cure period, and prescribed notice at specified stages. https://legislation.nysenate.gov/pdf/laws/RPP213 ; https://legislation.nysenate.gov/pdf/laws/RPP216 ; https://legislation.nysenate.gov/pdf/laws/RPP231-C
• 9 NYCRR § 2524.3(a) — Rent Stabilization Code: eviction for an uncured breach of a substantial tenancy obligation. Refusal-to-renew grounds are separately listed in § 2524.4. See the state code publication.
• RPL § 223-b — Retaliation by landlord against tenant. https://www.nysenate.gov/legislation/laws/RPP/223-B
• RPL § 235-b — Warranty of habitability. https://www.nysenate.gov/legislation/laws/RPP/235-B
• NYC Right to Counsel — NYC Admin. Code §§ 26-1301 et seq. https://www1.nyc.gov/site/hra/help/legal-services-for-tenants.page
• NYS Attorney General, Residential Tenants' Rights Guide. https://ag.ny.gov/publications/residential-tenants-rights-guide
• HSTPA 2019 — NYS Bar Ass'n overview. https://nysba.org/nys-housing-stability-and-tenant-protection-act-of-2019-part-iii-what-lawyers-must-know/

End of Notice to Cure / Notice of Termination — New York.