New York Eviction Notice Overview
New York uses a 14-day rent demand notice under Real Property Law §711(2) for non-payment of rent. This makes New York a true 14-day state for non-payment proceedings. For lease violations, the landlord must serve a separate "Notice to Cure" (typically 10 days) followed by a "Notice of Termination" (30 days). New York City’s Housing Court handles the vast majority of the state’s eviction filings.
New York’s eviction framework is among the most complex and tenant-protective in the nation. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) dramatically expanded tenant rights, and the state’s Right to Counsel program in NYC provides free attorneys to low-income tenants. Evictions outside NYC are filed in City Court, Town Court, or Village Court. Nassau, Suffolk, Westchester, and Erie counties handle significant volumes outside NYC.
14 Days
Cure period
$45–$200
Housing/City Court
Written
Notice required
8–16 Wks
Total process
New York’s 14-Day Rent Demand
Under RPL §711(2), the landlord must serve a 14-day written rent demand before filing a non-payment proceeding. The tenant can cure by paying the full amount within 14 days. For lease violations in NYC, the process is: (1) serve a Notice to Cure (typically 10 days), (2) if uncured, serve a Notice of Termination (30 days for regulated units, less for market-rate), (3) then file in Housing Court.
New York Notice Periods
14-day rent demand: Non-payment of rent (RPL §711(2))
Notice to Cure + Notice of Termination: Lease violations in NYC
10-30 day notice: Depends on rent regulation status and lease terms
HSTPA protections: Universal rent stabilization provisions
Right to Counsel: Free attorney for qualifying tenants in NYC
Common Violations Addressed by This Notice in New York
- Non-payment of rent (primary use of 14-day demand)
- Unauthorized occupants or subletting
- Excessive noise violating quiet enjoyment
- Unauthorized alterations to the unit
- Operating businesses without permission
- Nuisance behavior affecting other tenants
New York Legal Requirements
New York courts require strict compliance with notice requirements. A deficient notice will result in dismissal of the eviction case, wasting time and filing fees. Here are the mandatory elements:
- 14-Day Rent Demand: State the exact amount of rent owed and demand payment within 14 days
- Written Format: Must be in writing and properly served
- Specific Amount: Itemize each month of rent owed with dates
- No Excessive Demands: Cannot include disputed fees or charges—only contractual rent
- HSTPA Compliance: Must comply with the Housing Stability and Tenant Protection Act requirements
Serving the Notice in New York
Proper service is critical in New York. The method of delivery determines when the notice period starts running and must be documented for court proceedings.
Personal Service
Hand the demand directly to the tenant or a person of suitable age at the residence.
Substituted Service
Leave with a person of suitable age and mail a copy. This is the most common method in NYC.
Conspicuous Service
Affix to the door in a conspicuous manner and mail via certified/first-class mail. Last resort.
New York Eviction Timeline
The complete eviction process in New York, from notice to physical removal, follows this general timeline for uncontested cases:
New York Eviction Fees & Costs
Below are the typical costs associated with the eviction process in New York. Fees may vary by county or court location.
| Cost Item | Amount |
|---|---|
| Housing Court Filing (NYC) | $45 |
| City Court Filing (non-NYC) | $45 – $200 |
| Process Server | $40 – $100 |
| Marshal/Sheriff Eviction | $140 – $250 |
| Attorney Fees (NYC) | $2,000 – $7,000 |
Sample New York Eviction Notice
Below is a preview of a New York-compliant eviction notice. The generated document includes all elements required under NY law.
14-DAY RENT DEMAND
STATE OF NEW YORK
Pursuant to RPL §711(2)
TO (TENANT):
Name: [Tenant Full Legal Name]
Address: [New York Property Address]
VIOLATION / GROUNDS:
[Detailed description of violation with dates]
DEMAND
You are demanded to pay the sum of $____ in rent owed for the above premises within fourteen (14) days of service of this demand. If you fail to pay within 14 days, a non-payment proceeding will be commenced against you.