How to Serve an Eviction Notice in New York (2026): Notice Periods, Delivery Rules and What Happens Next
New York has the longest, most formal notice sequence in the country: a 5-day letter, then a 14-day rent demand, then a summary proceeding in Housing Court — and in New York City and other covered areas the Good Cause Eviction Law adds one more set of requirements. Each step has its own timing and service rule, and a missed step restarts the clock.
1. Pick the right notice
| Situation | Notice | Period | Statute |
|---|---|---|---|
| Rent not paid | 14-Day Rent Demand (Notice to Pay or Quit) | 14 calendar days | RPAPL § 711(2) |
| Lease violation | 10-Day Notice to Cure (step 1), then a separate Notice of Termination (step 2) | 10 calendar days | RPL § 232-a; 9 NYCRR § 2524.3 |
| Unconditional quit | Illegal use of premises (prostitution, drugs, gambling) — summary proceeding without notice | No notice | RPAPL §§ 711(5), 715 |
Landlord must first send a 5-day notice of nonreceipt by certified mail when rent is 5 days late (RPL § 235-e(d)); tenant may pay in full any time before hearing to stop the case (RPAPL § 731(4)).
2. What the notice must say
Rent demand must be in writing, state the specific months and amounts of rent claimed (rent only, no fees), demand payment or possession within at least 14 days, and be signed by the landlord or an agent known to the tenant. A 5-day certified-mail notice of non-receipt (RPL § 235-e(d)) must precede it. Lease violations require a Notice to Cure and then a separate Notice of Termination; under the Good Cause Eviction Law (RPL Art. 6-A) notices for covered units must state the good-cause ground and whether the unit is subject to the law (RPL § 231-c).
3. Serve it the way the statute allows
Permitted methods in New York (N.Y. Real Prop. Acts. Law § 735):
- Personal delivery to the tenant
- Delivery to a person of suitable age at the premises + certified and regular mail
- Conspicuous-place posting after attempts + certified and regular mail
Write down the date, time, method and the name of anyone you handed it to — that becomes the proof of service the court will ask for. If a method involves mailing, keep the receipt.
4. Count the days correctly
Count calendar days, starting the day after service. If the last day lands on a weekend or holiday, the safe practice is to wait until the next business day before filing. For properties with a federally backed mortgage or federal subsidy the CARES Act requires 30 days' notice for nonpayment regardless of the state period.
5. What trips landlords up in New York
- Skipping the 5-day letter. When rent is five days late, RPL § 235-e(d) requires a written notice by certified mail that rent was not received. Without it, the tenant has a defense to the eviction case.
- Demanding anything but rent. The 14-day rent demand may claim rent only — no late fees, no legal fees, no utilities.
- Serving it yourself and calling it done. The demand must be served like a court paper under RPAPL § 735: personal delivery, or substituted service plus certified and regular mail, or conspicuous-place posting after two attempts plus both mailings. Keep the mailing receipts.
- Forgetting the Good Cause statement. For tenancies covered by the Good Cause Eviction Law (RPL Art. 6-A), the notice must state whether the housing is covered and, if not, why. Small landlords are exempt, but the exemption must be claimed on the notice.
- Sending a single notice for a lease violation. Outside nonpayment, New York is two-step: a 10-day Notice to Cure first, then a separate Notice of Termination if the violation continues.
6. After the deadline
If the tenant neither pays nor leaves in 14 days, file a nonpayment summary proceeding in the Housing Court (New York City) or the local city, town or village court. The tenant is served with a notice of petition and has ten days to answer; a court date follows. The tenant can stop the case at any point before the hearing by paying the full rent demanded (RPAPL § 731(4)). Only a marshal or sheriff, acting on a warrant of eviction, can remove the tenant.
Generate the notice
Our New York eviction notice picks the period and the statutory wording for the situation you choose, counts the deadline for you, and adds the proof-of-service block. A watermarked preview is free; the clean PDF and Word file are $19.
Related: eviction notice periods in all 50 states · late fee caps by state · security deposit limits by state.
Questions
Can I use a 3-day notice like other states?
No. New York requires 14 days for nonpayment since the 2019 Housing Stability and Tenant Protection Act. A shorter notice is void.
What about rent-stabilized apartments?
The same 14-day demand applies, but lease-violation notices follow the Rent Stabilization Code (9 NYCRR § 2524.3) — a 10-day notice to cure, then a termination notice with the specific grounds stated.
Does the tenant have to be home for service?
No. If personal delivery fails, substituted service on an adult at the premises, or conspicuous posting after two attempts at different times, each followed by certified and first-class mailing within one day, is valid.
How current is this guide?
Reviewed September 2026. The periods, delivery methods and citations come from the dataset our New York eviction notice generator enforces; the commentary is ours. Statutes change — verify the cited section before relying on it.
General information about New York statutes, not legal advice; FormsByState is not a law firm. Eviction law changes often and local ordinances add rules — verify the cited sections for your situation.