A New York lease termination notice is a document officially announcing the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
| Notice Forms | Length of Lease |
| 30 Day Notice To Vacate | Periodic / Under 1 Year |
| 60 Day Notice To Vacate | Over 1 Year, Under 2 Years |
| 90 Day Notice To Vacate | 2 Years or More |
New York has a good-cause eviction law which limits eviction options and in particular restricts lease non-renewal to a specific set of reasons in cities which opt into the law. ALL landlords must also present a long and specific notice about the law’s applicability, when executing a lease, renewing a lease, or serving a termination notice. Check local laws carefully. [6]
A New York 30 Day Notice To Vacate form terminates tenancies of less than one (1) year, including month-to-month tenancies and other periodic tenancies. This form may also serve as notice of non-renewal with no lease or an expired lease. [1] The non-terminating party must receive notice at least thirty (30) calendar days before the end of the following rental period or expiration of the lease.
A New York 60 Day Notice To Vacate terminates tenancies with a term of one (1) year or more, but fewer than two (2) years. [2] The non-terminating party must receive notice at least sixty (60) calendar days before the expiration of the lease.
A New York 90 Day Notice To Vacate terminates tenancies with a term of two (2) years or more. [3] The non-terminating party must receive notice at least ninety (90) calendar days before the expiration of the lease.
To ensure the legal compliance of a lease termination notice:
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered , not when it’s sent.
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
New York landlords and tenants may deliver a written lease termination notice by any method which results in actual notification of the other party. The following methods, which come from formal service of court process in the state, are the legal gold standard: [4]
Mailed notice must be mailed within one (1) day of the other form of delivery, and extends a notice period by (3) calendar days, to account for variable delivery times. [5]
If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord shall provide at least thirty days’ notice.
If the tenant has occupied the unit for more than one year but less than two years, or has a lease term of at least one year but less than two years, the landlord shall provide at least sixty days’ notice.
If the tenant has occupied the unit for more than two years or has a lease term of at least two years, the landlord shall provide at least ninety days’ notice.
Manner of service; filing; when service complete. 1. Service of the notice of petition and petition shall be made by personally delivering them to the respondent; or by delivering to and leaving personally with a person of suitable age and discretion who resides or is employed at the property sought to be recovered, a copy of the notice of petition and petition, if upon reasonable application admittance can be obtained and such person found who will receive it; or if admittance cannot be obtained and such person found, by affixing a copy of the notice and petition upon a conspicuous part of the property sought to be recovered or placing a copy under the entrance door of such premises; and in addition, within one day after such delivering to such suitable person or such affixing or placement, by mailing to the respondent both by registered or certified mail and by regular first class mail.
Whenever a party has the right or is required to do some act within a prescribed period of time after the service of a document and the document is served by mail, three days will be added to the prescribed period of time.
A landlord as defined in subdivision two of section two hundred eleven of this chapter shall append to or incorporate into any initial lease, renewal lease, notice required pursuant to paragraph (a) of subdivision one of section two hundred twenty-six-c of this article, notice required pursuant to subdivision two of section seven hundred eleven of the real property actions and proceedings law, or petition pursuant to section seven hundred forty one of the real property actions and proceedings law, the following notice: [notice omitted here for reasons of length, but available at the primary source link provided.]
