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A New York eviction notice is a legal document that landlords must serve on their tenants before beginning the process of eviction.
The notice serves to inform the tenant of the landlord's intent to terminate the tenancy, the grounds for such intent, and the date by which the tenant must vacate the premises.
The notice also gives the tenant an opportunity to remedy the issue or defend themselves against the landlord's claims in court.
Types of Eviction Notice in New York
The eviction procedure and notice period depend on the reasons for which the landlord wishes to terminate the tenancy agreement and require the tenant to vacate the property.
Notice to Pay Rent or Quit
If the tenant fails to pay the rent as specified in the lease agreement, the landlord can initiate eviction proceedings after providing written notice to pay the outstanding amount within 14 days.
Non-Compliance
The court issues this type of eviction notice at the tenant's request. If a landlord seeks to evict a tenant for a lease violation, the court can grant a 30-day stay on the issuance of the eviction warrant, during which time the tenant may correct the violation.
Illegal Activity
In the event that the tenant is using the property for illegal activities, the landlord may begin the eviction process without notice.
Removal of Smoke Detector
In cities with populations exceeding one million, if tenants remove or disable smoke or fire detectors without permission, they will have 30 days to fix the violation after receiving the order of violation.
If the violation still exists after an official inspection report is presented, the tenant has an additional ten days to fix the issue.
Month-to-Month
If the lease is for a monthly period, the landlord must give the tenant a 30-day notice if they wish to terminate the agreement and evict the tenant.
Eviction Laws and Requirements in New York
Laws & Requirements
Grace Period. 5-day grace period. (238-A(2))
Non-Payment. A 14-day notice period for non-payment. (711(2))
Non-Compliance. 30-day stay of execution. (753(4))
Illegal Activity. No notice period required. (711(5))
Removal of Detector. 30-day + 10-day period to fix the violation. (711(6))
Termination of Lease. A 30-day notice period for terminating monthly tenancies (232-a)
When is Rent Late in New York?
The rent in New York is due on the date specified in the lease agreement. However, there is a 5-day grace period for tenants to pay late rent. Otherwise, on the 6th day after the rent is due, the landlord can issue a 14-day eviction notice for non-payment of rent.
Grounds for Eviction in New York
The reasons for which a landlord may initiate an eviction process and seek the tenant's removal are most commonly violations of the lease agreement, including:
Grounds for Eviction
Non-payment of rent after the grace period has ended
Use of the leased property for illegal activities, such as prostitution or drugs
Occupancy of the property beyond the lease term despite receiving an eviction notice
Causing damage to the property
Eviction Process in New York
There are many reasons why a landlord may terminate a lease agreement and ask the tenant to vacate, but it is important for the landlord to follow the proper procedure to ensure a legal repossession of the property.
#1. Write a Notice
A New York eviction notice must be issued to the tenant prior to the eviction process for legal grounds (non-payment, month-to-month tenancies), providing information about the basis for eviction and offering a legal period for the tenant to correct the situation or move out.
#2. File the Complaint or Petition
The landlord will file the appropriate document based on the cause of the eviction. If nonpayment of rent is the reason for eviction, a petition will be submitted. If the reason is another contract violation, a formal complaint will be filed.
#3. Serve the Tenant
It is important to notify the tenant by delivering the complaint or petition and providing notice of the court hearing. This informs the tenant of the reason for eviction and offers them an opportunity to defend themselves.
#4. Wait for Court’s Judgment
The outcome of the court hearing will result in a judicial decision that will determine the validity of the landlord’s request, the validity of the tenant’s claims, and the presented evidence.
Other Eviction-Related Forms in New York
Besides the New York eviction notice, other eviction-related documents are used in the eviction process, such as:
Other Eviction-Related Forms
The Notice of Petition. The form requires the petitioner to provide a brief statement of the relief they are requesting, as well as a date, time, and location for the hearing.
Summons. It informs the defendant(s) that they have been summoned to answer the complaint filed against them by the plaintiff(s). This type of summons requires a complaint to be served alongside it, which details the claims made and the remedies requested by the plaintiff(s).
Answer. The form provides options for the defendant to admit, deny, or present affirmative defenses or counterclaims to the complaint.
Request For a Warrant. This form is used to initiate the legal process of eviction or other court-ordered action.
Eviction Information for Landlords in New York
The process of evicting a tenant requires the landlord to follow legal procedures. The first step the landlord needs to take is to serve the tenant with an eviction notice that states the reason for eviction and the deadline by which the tenant can remedy the violation and maintain the lease agreement.
If the tenant fails to comply with the notice, the landlord can file a petition or complaint, depending on the reason for eviction. The final step in the eviction process involves obtaining a court order that commands the tenant to vacate the property.
In this regard, the landlord is prohibited from using force or any self-help methods to compel the tenant to vacate the property outside of the legal process.
Eviction Information for Tenants in New York
During the eviction process, the landlord is required to serve the tenant with an eviction notice stating the reason for the eviction, ensuring that the tenant is aware of the landlord's request and the deadline by which the tenant must remedy the violation.
If the tenant fails to comply with the notice, they may face a complaint from the landlord and a legal proceeding for eviction.
Throughout the process, the tenant has the right to respond to the landlord's complaint, present arguments to challenge the accusation, and file a counterclaim if the landlord acted outside of the legal procedure.
How to Write an Eviction Notice in New York
New York Eviction Notice Checklist
New York Eviction Notice FAQ
Landlords can file a New York eviction notice when they have a legitimate reason for requiring their tenant to vacate the leased property.
According to New York law, an eviction notice must be served on the tenant, giving them a particular time frame to cure the lease violation or evacuate the premises. As a result, an eviction notice is required before the eviction process can begin.
The timeframe can differ based on the specifics of each case. The eviction procedure can be concluded within a month if the tenant fails to appear and provide evidence.
No, a 3-day eviction notice is not legal in New York. The law provides different time frames for different reasons, but none of them are as short as three days.