New York Notice to Vacate Template: 30, 60 or 90-Day Notice (RPL § 226-c) with Good Cause Eviction Notice

Notice of Non-Renewal / Notice to Vacate (New York)

Landlord’s Notice under Real Property Law §§ 226-c and 232-a, with the Good Cause Eviction Notice of § 231-c

Date of notice: [Date]

To: [Full name of each tenant] and all other occupants
Premises: [Street address, apartment], [City/Town/Village], New York [ZIP]

1. Type of Notice (check one)

☐ A. Non-renewal of lease. Your lease expires on [Date]. The landlord does not intend to renew your tenancy.

☐ B. Termination of a month-to-month tenancy. The landlord elects to terminate your monthly tenancy (tenancy from month to month).

2. Notice Period and Date to Vacate

You have occupied the premises since [Date], and your lease term is [length]. Based on the longer of your total occupancy and your lease term, the required notice under Real Property Law § 226-c is (check one):

☐ at least 30 days (occupancy of less than one year and a lease term of less than one year)
☐ at least 60 days (occupancy or lease term of at least one year but less than two years)
☐ at least 90 days (occupancy or lease term of two years or more)

Your tenancy ends, and you must vacate the premises and return all keys, on [Date], which is at least that number of days after this notice is served on you.

3. Good Cause Eviction Law Notice (Real Property Law § 231-c)

The notice required by Real Property Law § 231-c, completed by the landlord, is attached to this notice. In summary:

☐ The unit is subject to Article 6-A of the Real Property Law (the Good Cause Eviction Law). The good cause for not renewing your lease is: [state the ground, for example failure to pay rent due, a violation not cured after a 10-day written notice to cure, or the landlord’s good-faith personal use].

☐ The unit is not subject to the Good Cause Eviction Law because: [state the exemption, for example the landlord is a small landlord who owns no more than 10 units, or the building received a certificate of occupancy within the past 30 years, on or after January 1, 2009].

4. If You Do Not Vacate

Unless you remove from the premises on the date designated in Section 2, the landlord will commence summary proceedings under the statute to remove you.

5. Landlord

Landlord or agent: [Name] · Address: [Address] · Phone: [Phone] · E-mail: [E-mail]

Signed: ___________________________ (landlord or authorized agent) Date: __________

6. Affidavit or Certificate of Service (RPAPL § 735)

On [Date] at [Time], I served this notice and the attached Good Cause notice on the tenant by (check one):

☐ personal delivery to [name of tenant]
☐ delivery to [name], a person of suitable age and discretion who resides or is employed at the premises
☐ affixing a copy to a conspicuous part of the premises ☐ placing a copy under the entrance door, after admittance could not be obtained and no person of suitable age and discretion could be found

and, for the second or third method, within one day by mailing copies to the tenant at the premises (and at any other residence or business address known in writing) by ☐ certified mail ☐ registered mail (receipt number [ ]) and by regular first-class mail on [Date].

Served by: ___________________________ (name and signature)

Appendix A: 14-Day Rent Demand (RPAPL § 711(2))

[For nonpayment of rent only. Before serving it, make sure the 5-day notice of non-payment was sent by certified mail under RPL § 235-e(d). Attach the completed Good Cause notice and serve under RPAPL § 735.]

To: [Tenant name] · Premises: [Address]

You owe rent of $[Amount] for [months] under the agreement under which you hold the premises. Demand is made that you pay this rent, or surrender possession of the premises to the landlord, within fourteen (14) days after service of this demand. If you do neither, the landlord may commence a summary proceeding to recover possession.

Signed: ___________________________ Date: __________

Appendix B: 5-Day Notice of Non-Payment (RPL § 235-e(d))

[Send by certified mail if rent is not received within five days after the due date in the lease.]

To: [Tenant name] · Premises: [Address]

This notice states that the landlord has not received your rent payment of $[Amount] that was due on [Date] under your lease.

Signed: ___________________________ Date sent: __________ · Certified mail number: [ ]

Before You Send (Delete This Section)

• Pick the right period. Count the tenant’s total time in the unit and the lease term; use whichever is longer. When in doubt, give the longer notice.

• Attach the Good Cause notice. Use the full form in Real Property Law § 231-c, even if you believe the unit is exempt: the form is where you state the exemption.

• Covered units need a lawful reason. If the unit is covered by the Good Cause Eviction Law, a non-renewal needs one of the grounds the law lists; a lease violation must first get a 10-day written notice to cure.

• Serve it properly. Use a method from RPAPL § 735 and keep the affidavit of service and mailing receipts.

• Rent-stabilized and other regulated units have their own renewal and eviction rules; this template is for unregulated units.