Eviction notices in New York

Before a nonpayment proceeding the landlord must serve a written rent demand with at least 14 days' notice requiring payment or possession (RPAPL § 711(2)). The demand must include the notice under RPL § 231-c saying whether the unit is covered by the Good Cause Eviction Law (and, if exempt, why). Separately, if rent is not received within 5 days of the due date the landlord must send a certified-mail notice of nonpayment; failure to do so is an affirmative defense (RPL § 235-e(d)).

Can the tenant pay to stop it? Paying the rent demanded within 14 days stops the case. Even after filing, full rent paid before the hearing must be accepted and moots the case, and the court must vacate the warrant if full rent is tendered before eviction (unless withheld in bad faith).

Type:

Pay or move out

Notice period:

14 days

Law:

RPAPL § 711(2); RPL § 235-e(d); RPAPL §§ 731(4), 749(3)

State law sets no general pre-filing notice period for lease violations; the landlord proceeds by holdover after the tenancy ends as provided in the lease (RPAPL § 711(1)). Where the Good Cause Eviction Law applies, eviction for violating a substantial obligation requires written notice to cease and failure to cure within 10 days of receipt (RPL § 216(1)(b)). After judgment in any breach case, the court must grant a 30-day stay to correct the breach (RPAPL § 753(4)).

Chance to fix it: After a judgment based on a lease breach, the court must stay the warrant 30 days so the tenant can cure (RPAPL § 753(4)). In units covered by the Good Cause Eviction Law, the tenant must first get written notice to cure within 10 days.

Type:

Varies

Notice period:

No fixed number of days

Law:

RPAPL §§ 711(1), 753(4); RPL § 216(1)(b)

A period of days means calendar days, excluding the day of service (N.Y. Gen. Constr. Law § 20). If the period ends on a Saturday, Sunday or public holiday, the act may be done on the next business day (Gen. Constr. Law § 25-a). The rent demand statute adds no extra days for mailing.

The 14-day rent demand must be served in the manner for a notice of petition: personal delivery; or delivery to a person of suitable age and discretion who lives or works at the property; or, if no one can be found, affixing to a conspicuous part of the property or sliding under the entrance door — and for substituted or conspicuous service, also mailing within one day by both certified or registered mail and regular first-class mail (RPAPL §§ 711(2), 735(1)).

The Good Cause Eviction Law (RPL Article 6-A) bars removal of covered tenants without a listed good cause (e.g. nonpayment not caused by an unreasonable increase, uncured violation after 10-day notice, nuisance); it applies in New York City and in other cities, towns and villages that opt in by local law, with many exemptions (small landlords, owner-occupied buildings of 10 or fewer units, regulated, condo/co-op, units built after 2009 for 30 years, high-rent units). (RPL §§ 212, 213, 214, 216)

The landlord starts a summary proceeding by petition and notice of petition (RPAPL § 731). In holdovers, papers are served 10 to 17 days before the hearing (§ 733); in nonpayment cases where court rules adopt § 732, the tenant must answer within 10 days of service (§ 732). After judgment, a sheriff, marshal or constable must give at least 14 days' written notice before executing the warrant on a business day (§ 749(2)(a)); the court may stay eviction up to one year for hardship (§ 753(1)). It is unlawful to evict an occupant of 30+ days by force, lock changes, removing belongings or cutting essential services without a court order (RPAPL § 768).

• New York City: The Good Cause Eviction Law applies automatically in New York City (no opt-in needed).

• Good Cause Eviction provisions (RPL Article 6-A) are scheduled to be repealed June 15, 2034 (RPL §§ 212, 214).
• Rent-regulated units (rent stabilization/control) have additional DHCR and local rules not covered here.
• No separate statewide short notice exists for illegal activity; illegal use is a ground for a summary proceeding (RPAPL § 711(5)).

• New York notice to end a month-to-month tenancy (no-cause notice by tenant or landlord)
• New York security deposit law: deadlines after move-out
• Federal 30-day notice for covered properties (CARES Act)

• RPAPL § 711 Retrieved October 13, 2026.
• RPAPL § 731 Retrieved October 13, 2026.
• RPAPL § 732 Retrieved October 13, 2026.
• RPAPL § 733 Retrieved October 13, 2026.
• RPAPL § 735 Retrieved October 13, 2026.
• RPAPL § 749 Retrieved October 13, 2026.
• RPAPL § 753 Retrieved October 13, 2026.
• RPAPL § 768 Retrieved October 13, 2026.
• RPL § 235-e Retrieved October 13, 2026.
• RPL § 212 Retrieved October 13, 2026.
• RPL § 213 Retrieved October 13, 2026.
• RPL § 214 Retrieved October 13, 2026.
• RPL § 216 Retrieved October 13, 2026.
• Gen. Constr. Law § 20 Retrieved October 13, 2026.
• Gen. Constr. Law § 25-a Retrieved October 13, 2026.
• NY Attorney General, Residential Tenants' Rights Guide Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.