How Much Notice Does a Landlord Have to Give a Tenant to Move Out in New York? (New York Eviction Laws)

October 21, 2024

New York’s landlord-tenant laws are among the most complex in the nation, particularly regarding notice requirements for tenant move-outs. This comprehensive guide reflects the current state of the law as of 2024, including recent changes and municipality-specific requirements.

Basic Notice Requirements Under HSTPA

The Housing Stability and Tenant Protection Act (HSTPA) of 2019 established graduated notice periods based on tenancy length, which landlords must follow before they can evict a tenant

Tenancy Duration	Required Notice must state specific termination date for the tenant to vacate
Less than 1 year in the lease agreement may impact the eviction process in New York	30 days is the required notice period for a landlord to give the tenant before eviction under New York eviction laws
1-2 years	A notice of petition must be given at least 60 days before eviction proceedings.
Over 2 years can affect the landlord and tenant relationship under New York eviction laws	90 days

Important Notice Period Exceptions

Rent-regulated units have different requirements
Good Cause Eviction Municipalities may require additional notice in accordance with New York eviction laws
Emergency situations may alter standard requirements for eviction in New York

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At Neil H. Kupferman, Esq., PC, we understand that real estate evictions can be complex and overwhelming. Our dedicated team of attorneys is here to guide you through every step of the process, ensuring your interests are protected and your goals are achieved.

Termination Procedures by Type

Non-Payment Proceedings

Written Rent Demand
- Must provide 14-day written demand
- Must specify exact amount owed
- Must include itemized breakdown of charges

Holdover Proceedings

Notice of Non-Renewal
- Must comply with graduated notice periods as outlined in the eviction laws in New York.
- Must state specific termination date in the written notice to evict a tenant
- Must be properly served with a notice to quit.

Rent-Regulated Properties

Rent-Stabilized Units under New York eviction laws:

Must offer lease renewals 90-150 days before expiration
Limited grounds for non-renewal exist
Required use of DHCR forms

Rent-Controlled Units must comply with New York eviction laws:

Subject to stringent eviction restrictions under the laws in New York.
Specific grounds required for termination
Additional notice requirements for landlords may include a written notice to pay rent.

Service Requirements

Primary Service Methods

Personal Service (Must be attempted first)
- Direct delivery to tenant is essential to ensure proper written notice is given
- Documented attempt requirements must include proof of mailing for eviction proceedings.
Substitute Service must be properly documented in the eviction process in New York
- Delivery to person of suitable age
- Additional mailing requirement
- Must document attempts
“Nail and Mail”
- Only after failed attempts at above methods
- Specific posting requirements
- Certified mail requirements must be followed in the eviction process in New York

Legal Defenses Available to Tenants

Substantive Defenses

Warranty of Habitability
- Conditions affecting health/safety
- Documented repair requests
- Inspection reports
Constructive Eviction
- Uninhabitable conditions
- Forced departure evidence must be collected for the eviction proceedings.
- Documentation requirements

Procedural Defenses

Improper notice
Defective service may affect the eviction process in New York
ERAP application pending
COVID-19 protections

Documentation Requirements

Required Notice Elements

Basic Information
- Full tenant names
- Property address
- Specific termination date
- Ground for termination must be clearly stated in the notice to quit.
Supplemental Documentation
- Rent ledgers
- Lease violations can lead to a landlord’s decision to evict a tenant
- Photographs/evidence can support claims in the eviction process in New York
- DHCR forms (if applicable) must be included in an eviction case

Record-Keeping Requirements

Maintain service logs to comply with New York eviction laws
Document all communication
Preserve proof of mailing to support the eviction lawsuit.
Keep inspection reports

Municipality-Specific Requirements

Good Cause Eviction Laws

Additional notice requirements
Restricted termination grounds must be adhered to in the eviction process in New York, including valid reasons for eviction.
Rent increase limitations may alter standard requirements for eviction in New York

Local Variations

Different court procedures
Additional notice requirements
Specific form requirements for written notice must be adhered to in an eviction case

Pre-Litigation Requirements

Before Filing

Notice Compliance is essential in the eviction process in New York
- Proper notice period
- Correct service method must be followed to evict the tenant legally.
- Required documentation
Predicate Notices
- Written rent demand must be served to the tenant before proceeding with an eviction case
- Notice to cure
- Termination notice

Court Procedures

Filing Requirements

Proper venue selection
Required documentation
Filing fee payment
Service requirements

Post-Judgment Procedures

Warrant of Eviction
- Must be obtained
- Required notice period must be observed to legally evict a tenant in New York
- Marshal involvement
Execution Process in the eviction process in New York
- Marshal’s notice for eviction in New York
- Tenant removal
- Property handling

Frequently Asked Questions

Q: Can COVID-19 protections still affect eviction notices? A: Yes, some protections may still apply, particularly for ERAP applicants.

Q: Are there special requirements for commercial tenants? A: Yes, commercial tenancies have different notice requirements and procedures.

Q: How do Good Cause Eviction laws affect notice requirements? A: Municipalities with Good Cause Eviction laws may require additional notice and limit termination grounds.

Need Professional Legal Assistance?

For expert guidance on notice requirements and eviction procedures, contact Neil H. Kupferman, Esq., PC at +17187683046. Our experienced team ensures compliance with all applicable laws while protecting your legal rights.

While this guide provides comprehensive information about notice requirements in New York, the complexity of landlord-tenant law and frequent legal changes make professional legal counsel advisable for specific situations. Municipal variations and special circumstances may affect individual cases.

Don’t navigate complex New York real estate transactions alone. Contact Neil H. Kupferman, Esq., PC at +17187683046 for expert legal guidance and protect your interests throughout your property transaction.

Note: This article provides general information about eviction proceedings in New York. Specific cases require individual legal analysis and strategy development. Laws and procedures may change, and local rules may vary by jurisdiction; contact us online for updates

How Much Notice Does a Landlord Have to Give a Tenant to Move Out in New York? (New York Eviction Laws)