New York Eviction Notice Overview
New York requires a 14-day demand for rent under RPL Section 711(2) before filing a non-payment proceeding. New York does not use a 5-day notice. NYC properties are subject to additional protections under the Housing Stability and Tenant Protection Act (HSTPA). Evictions are filed in Housing Court (NYC) or City/Town Court (upstate).
Understanding the correct notice period is critical for New York landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current New York statutory requirements before serving any eviction notice.
14-day
Actual notice period
$45 - $200
Court filing fee
Housing
Court type
8-16 Wks
Total process
Why New York Uses 14-day, Not 5 Days
Important: New York Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in New York. Under RPL Section 711(2), the required notice for non-payment of rent is 14-day. Serving a 5-day notice will likely result in the court dismissing your case. Use the correct 14-day notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. New York is not among them. The 14-day notice requirement in New York applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under New York law.
If you are a landlord in New York, ensure your eviction notice complies with RPL Section 711(2) and includes all elements required by Housing Court/City Court. Using our New York-specific template ensures you have the correct notice period and statutory language.
New York Legal Requirements for Eviction Notices
To withstand judicial scrutiny in New York Housing Court/City Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and New York county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 14-day period to pay or vacate as required by RPL Section 711(2)
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Housing Court/City Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 14-day clock
How to Serve an Eviction Notice in New York
Proper service of the eviction notice is essential under New York law. Housing Court/City Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method New York courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. New York courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 14-day period expires without payment or vacancy, file the eviction complaint at the Housing Court/City Court in the jurisdiction where the property is located.
New York Eviction Timeline
The eviction process in New York follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 8-16 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 14-day notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in New York and can expose the landlord to substantial liability.
New York Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in New York. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Housing Court/City Court Filing Fee | $45 - $200 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample New York Eviction Notice
Below is a preview of the New York-specific eviction notice using the correct 14-day notice period required by RPL Section 711(2).
NOTICE TO PAY RENT OR QUIT
STATE OF NEW YORK
Pursuant to RPL Section 711(2)
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full New York Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to RPL Section 711(2), you have 14-DAY from the date of service to pay the total amount due or surrender possession.
NEW YORK COMPLIANCE
This notice uses the correct 14-day period required by New York law under RPL Section 711(2). A 5-day notice is not valid in New York.