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