Eviction Notice Information for New York Landlords

What New York statutes generally provide

The primary authority commonly cited for residential eviction notices in New York is N.Y. RPAPL § 711(2) & § 753. Published guides and treatises on New York landlord-tenant practice frequently highlight the following features — each is presented here as background information, not as a determination that any of these rules apply to your particular tenancy:

• The 2019 HSTPA replaced the 3-day rent demand with a 14-day written notice under RPAPL § 711(2).
• Month-to-month holdover notice periods now scale with tenancy length: 30 days for occupancy under one year, 60 days for one to two years, 90 days for more than two years (RPL § 226-c).
• Service must be either personal, substituted, or conspicuous, followed by a mailing within one business day — the mailing is not optional.
• New York City has additional Good Cause Eviction rules (NYC Admin. Code § 26-1301) that apply to many market-rate buildings beginning in 2024.

The bulleted descriptions above paraphrase publicly available statute and case law summaries. The actual language and effect of each statute is governed by the official text and any subsequent amendments or judicial interpretations. Read the current statute directly before relying on any point above.

Patterns frequently discussed in New York landlord-tenant guides

Commentary and continuing-legal-education materials for New York practitioners often flag the following as recurring issues. They are reproduced here as educational background only:

• Using an old 3-day demand template from before HSTPA.
• Skipping the post-service mailing required by RPAPL § 735.
• Forgetting the stretched 60/90-day periods for longer-term tenants.

General background: after a notice is mailed

In most jurisdictions, once the applicable notice period has elapsed, the landlord may file for possession in the appropriate court. A USPS Certified Mail receipt — which you receive by email from us — is a form of delivery documentation commonly referenced in landlord-tenant filings. Whether any specific court, judge, or filing will accept it is a matter for the landlord and the landlord's attorney to evaluate.

EvictServe is not a law firm, does not practice law, and does not give legal advice. We provide a self-service document-and-mail tool. For contested cases, unusual facts, or any situation where you are unsure which type of notice applies, retain a New York-licensed landlord-tenant attorney before acting.

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