New York · Notice to Vacate Requirements
New York Notice to Vacate: 14 days Pay-or-Quit, 30 days (< 1 year) / 60 days (1-2 years) / 90 days (2+ years) No-Fault
New York significantly strengthened tenant notice protections under the Housing Stability and Tenant Protection Act of 2019 (HSTPA). For non-payment of rent, landlords must now give 14 days' notice and an opportunity to pay before filing for eviction. For no-fault terminations, the notice period is tiered by tenancy length: 30 days for tenancies under 1 year, 60 days for 1 to 2 years, and 90 days for tenancies over 2 years. Rent-stabilized and rent-controlled tenants in New York City have additional protections that go beyond these minimums.
New York's HSTPA (2019) created a tiered notice system: tenants of 2+ years are entitled to 90 days' notice, the longest no-fault notice requirement in the US among major states.
Pay-or-quit notice
14 days
N.Y. Real Prop. Law § 711
Cure notice (violation)
10 days to cure a lease violation (N.Y. Real Prop. Law § 753)
No-fault / termination
30 days (< 1 year) / 60 days (1-2 years) / 90 days (2+ years)
Important: The Housing Stability and Tenant Protection Act of 2019 (HSTPA) established tiered notice periods for no-fault terminations based on tenancy length. For non-primary residence or regulated units, additional rules apply. NYC rent-stabilized and rent-controlled tenants have additional protections.
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New York Notice to Vacate FAQs
How much notice is required to vacate in New York?▾
Non-payment: 14-day rent demand notice. Lease violation: 10-day cure notice under N.Y. Real Prop. Law § 753. No-fault termination: 30 days (tenancy < 1 year), 60 days (1-2 years), 90 days (2+ years). N.Y. Real Prop. Law § 226-c.
Does New York require just cause to evict a tenant?▾
For rent-stabilized and rent-controlled NYC apartments, yes, just cause is required and is specifically defined by law. For market-rate tenants outside NYC, there is no just cause requirement under state law. Some cities (Albany, Buffalo, Poughkeepsie) have adopted local just cause eviction ordinances.
Do I need a lawyer to serve a notice to vacate?▾
Not required to serve a notice, but New York's Housing Court is complex. NYC tenants are entitled to a right to counsel in eviction proceedings through the 2017 NYC Right to Counsel law, free legal representation is available.
What happens if a tenant stays after a New York vacate notice?▾
Landlord files a summary proceeding in Housing Court (NYC) or in the local court of the county. Non-payment proceedings move relatively quickly, but holdover proceedings (post-notice refusal to vacate) can take months in NYC.
Notice to vacate requirements by state
Eviction notice requirements change frequently. Verify current rules in your jurisdiction before serving. kweldoc is a document drafting tool, not a law firm.