New York Notice to Vacate

New York Notice to Vacate

If you need to evict a tenant in New York, you may be best served by seeking legal counsel. Not only does the state of New York have some of the most complex laws in the country concerning tenant and landlord rights, but these vary from county to county, city to city, and even from borough to borough. If you are pursuing an eviction in Staten Island, Manhattan, or Brooklyn, you’ll be faced with very different laws and procedures than you would if you were evicting a tenant in Poughkeepsie or Syracuse.

For example, different notices are required for nonpayment of rent and disorderly conduct or other breaches of the lease or rental agreement. For cases other than nonpayment problems, written notification must always be served, but what kind of notification and how much warning you need to give will vary. The Notice to Vacate will vary from one area to another in New York, and the amount of time given to comply or vacate may vary, as well. For most violations that do not involve nonpayment, this form will suffice as a Notice to Vacate, though.

Who: Serve this New York Notice to Vacate to any tenant who is in violation of the lease or rental agreement.

What: This notice gives your tenant the proper warning needed to allow them to either come into compliance with the terms of your agreement or vacate the property before you continue with eviction proceedings.

When: Issue this notice via mail, in person, or by posting it prominently on the tenant’s front door whenever a tenant is in violation of the terms of your rental agreement or lease. You may only pursue further action toward eviction after the proper time of the notice has passed. If you live in one of the counties in the eighth judicial district, you can find out more about proper notification to vacate in your county, visit NYCourts.gov.

Important Note: If your unit falls under rent stabilization, you may be subject to different laws pertaining to tenant rights, which can further complicate the eviction process. Furthermore, most of the boroughs of New York City have their own specific procedures that landlords must follow precisely for evictions. Seeking legal counsel can help you navigate these complexities and avoid some very expensive consequences.

Other Helpful Resources for New York Landlords:

• New York Demand for Rent
• New York How to Prepare for a Landlord Tenant Trial
• NYC Lease Renewal Form – EPTA Form RTP-8

New York State Specific Documents

• New York City Rent-Stabilized Rider (Form RA-LR1: This form must be included in all New York City Rental Agreements and renewal agreements for rent-controlled apartments.
• NYC Child Notice for Lead Paint Compliance: This addendum is required for New York City Landlords renting to families with children under the age of 6. It must be provided to Tenants annually - at the signing of the Lease and at the time of renewal.
• New York City Required Annual Notice - Window Guards and Lead Paint: Occupants in buildings with 3 or more units must sign this form annually and give it to their Landlord.
• NYC Lease Renewal for Rent Stabilized Housing: Landlords renewing a Lease with Tenants in rent-stabilized housing must use this form.
• NYC Increase in Rent (for Rent Controlled Units): New York City rent-controlled apartments have complex rules for raising rent. This form makes it EZ for Landlords to comply with all requirements.
• New York Demand For Rent 14-Day Notice: This form is for Landlords that have Tenants that are late with rent.

Pro Tip: It must be used before an eviction proceeding can be initiated.



• New York How To Prepare for a Landlord-Tenant Trial: This booklet is a great resource for New York Landlords preparing for a housing trial. It includes the rules and procedures Landlords will need.
• New York Notice to Vacate: This form should be used with Tenants that are violating the Lease but can cure the violation and remain in the property. This form provides Tenants with specifics regarding their Lease violation and the time that they have to cure the violation in order to avoid vacating the property.
• Buffalo Disclosure of Smoking Policy: The City of Buffalo requires Landlords to disclose a smoking policy. This form makes it EZ to do so and complies with Buffalo’s requirements
• Buffalo Rental Registry Information: Buffalo Landlords must register all rental properties. This form provides details on how Landlords do this.
• What Tenants Should Know About Indoor Allergens: New York City law requires that Landlords take steps to keep their Tenants’ homes free of pests and mold.
• New York City Indoor Allergen Disclosure: New York City Landlords of buildings with three or more Rental Units must comply with specific regulations to reduce the risk of indoor allergens like mold and pests. This form outlines those requirements and serves as a disclosure that documents a Landlord's compliance with all requirements.
• Buffalo Disclosure of Smoking Policy: The City of Buffalo in the State of New York requires the landlord to disclose a smoking policy, according to Chapter 264- Rental Dwelling Unit Registration.
• New York Sprinkler Disclosure: Landlords must disclose to the tenant whether there is a sprinkler system installed within the property or not.
• New York City Annual Stove Knob Cover Notice: NYC: Local Law 117 requires that the property owner of multiple dwellings provide stove knob covers for gas-powered stoves where the owner knows or reasonably should know that a child under six years of age resides.
• NYC Lease Renewal Form - EPTA Form RTP-8: This NYC Lease Renewal Form allows landlords to renew a lease with tenants that are enrolled within The Emergency Protection Act.

State-Specific Forms