Housing & Tenant · Eviction Notice
Eviction Notice in New York
How many days of written notice a landlord must give before filing an eviction in New York, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in New York
The written notice for each reason a landlord can end a tenancy, and what each one means.
| Reason for the notice | Notice in New York | What it means |
|---|---|---|
| Nonpayment of rent | Can fix and stay14 days | A written 14-day rent demand before a nonpayment proceeding (RPAPL §711(2), as amended by the 2019 Housing Stability and Tenant Protection Act). Pay the rent owed within 14 days and the landlord cannot bring the case. |
| Curable lease violation | Can fix and stay10 days | For a fixable lease breach, the landlord serves at least a 10-day notice to cure before a holdover case. Fix the violation within 10 days to keep the tenancy. After a judgment, RPAPL §753(4) gives a further 30-day stay to cure. |
| No-cause end of a tenancy | 30 / 60 / 90 days | Notice scales with how long the tenant has lived there: 30 days under one year, 60 days for one to two years, and 90 days for two years or more (Real Property Law §226-c). |
| Non-renewal of a fixed-term lease | 30 / 60 / 90 days | The same §226-c 30, 60, or 90-day notice applies before a landlord declines to renew, or raises the rent by 5% or more, based on length of tenancy. |
| Just-cause rules | Overlay | Rent-stabilized and rent-controlled apartments (common in New York City) follow separate rules under the Rent Stabilization Code, which limits the grounds for non-renewal and sets its own renewal windows, so the 30/60/90 tiers do not govern those units. |
| After the notice | Court | After the required notice, the landlord files a nonpayment or holdover petition in housing court. The tenant is served and can answer and raise defenses. Only a court warrant of eviction, carried out by a marshal or sheriff, can remove a tenant. |
| Statute | N.Y. Real Prop. Acts. Law §711; N.Y. Real Prop. Law §226-c | The controlling statute for these notice periods. Read the full text through the source link below. |
What you can do right now
Concrete, neutral steps if you have received an eviction notice in New York. This is legal information, not legal advice.
- Read the notice and confirm the period
Check whether you got a 14-day rent demand, a notice to cure, or a 30/60/90-day termination notice. The termination period depends on how long you have lived in the apartment, counting all your time there, not just the current lease.
- Pay or cure within the window
For unpaid rent, paying what you owe within the 14 days stops a nonpayment case before it starts. For a curable violation, fixing it within the 10-day cure period keeps your tenancy. Keep proof of payment and dated photos.
- Answer the court petition
If the landlord files in housing court, go to the clerk to file an answer and raise defenses, such as a defective notice or a rent overcharge. Do not ignore the papers. Free help is often available at the courthouse help center.
- Get New York eviction help
The New York Courts help pages explain nonpayment and holdover cases step by step, and many tenants qualify for a free attorney under right-to-counsel programs in New York City and other areas.
If you have received a notice, you can still act. This resource explains your rights and the deadlines, and points you to local help.
→ New York Courts (Being Evicted)This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What New York renters get wrong
New York rewrote its eviction notice rules in 2019, and the periods are longer than most tenants expect. For unpaid rent, a landlord cannot simply file; it must first serve a written 14-day rent demand under Real Property Actions and Proceedings Law §711(2), and paying within those 14 days heads off the case. A fixable lease violation gets at least a 10-day notice to cure before a holdover case, and even after a judgment §753(4) gives a further 30-day chance to fix the problem. The biggest change is for ending a tenancy with no fault. Under Real Property Law §226-c, the notice grows with how long you have lived there: 30 days under a year, 60 days from one to two years, and 90 days at two years or more, and the same tiers apply before a landlord declines to renew or raises the rent by 5% or more. New York City rent-stabilized apartments follow their own separate rules. In every case, a notice is only a first step; the landlord still has to win in housing court, and only a marshal or sheriff can carry out a warrant.
Common questions
How many days notice does a landlord give before eviction in New York?
It depends on the reason. Unpaid rent requires a written 14-day rent demand first. A curable lease violation gets at least a 10-day notice to cure. Ending a tenancy for no cause takes 30, 60, or 90 days depending on whether you have lived there under a year, one to two years, or two years or more.
What is the 14-day notice for rent in New York?
Before starting a nonpayment case, a landlord must serve a written demand giving you at least 14 days to pay the rent owed or give up the apartment (RPAPL §711(2), added by the 2019 Housing Stability and Tenant Protection Act). If you pay the full amount within 14 days, the landlord cannot bring the nonpayment case.
How much notice to end a month-to-month tenancy in New York?
Under Real Property Law §226-c, it is 30 days if you have occupied the unit less than a year, 60 days for one to two years, and 90 days for two years or more. The count is based on the total time you have lived there or the length of your lease, whichever is longer.
Can my landlord raise my rent without notice in New York?
For a market-rate tenant, a landlord who wants to raise the rent by 5% or more, or decline to renew, must give the same 30, 60, or 90 days notice as a termination, based on how long you have lived there (§226-c). Rent-stabilized apartments follow separate rules set by the Rent Guidelines Board and the Rent Stabilization Code.
Can a New York landlord evict without going to court?
No. After the required notice, the landlord must file a nonpayment or holdover petition in housing court and win. Only a court can issue a warrant of eviction, and only a marshal or sheriff can carry it out. Changing the locks, removing your belongings, or shutting off utilities to force you out is illegal.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.