New York eviction laws

Before filing a nonpayment case the landlord must serve a written 14-day Rent Demand listing the rent owed. If rent is more than 5 days late, the landlord must also mail the tenant a written late-rent notice by certified mail. Only rent can be demanded (not late fees or other charges unless allowed as rent in regulated housing).

• Late fees are capped at $50 or 5% of monthly rent (whichever is less) and cannot be the basis of a nonpayment case (RPL § 238-a).
• In a Good Cause Eviction unit, the landlord cannot evict for nonpayment of rent that resulted from an 'unreasonable' increase (presumed unreasonable if above the local rent standard: CPI + 5%, capped at 10%).
• The tenant can stop a nonpayment case by paying all rent owed before the hearing; after a judgment, paying all rent owed before the warrant is executed generally ends the case (RPAPL § 749(3)).
• Double-check with the court: A written 14-day demand is required even if the lease says no demand is needed; oral demands are no longer allowed.

New York has no single statewide notice period for lease violations in unregulated housing; the landlord follows the lease, which usually requires a Notice to Cure (commonly 10 days) followed by a Notice of Termination. In Good Cause Eviction units the tenant must get a written notice to cure the violation within 10 days first. In rent-stabilized units a 10-day notice to cure is required, then a termination notice (at least 7 days in NYC).

• In NYC (and where it applies) if the court finds a lease violation in a holdover case, the tenant gets a 10-day (RPAPL 753(4)) period to cure after judgment before eviction.
• Double-check with the court: Unregulated units outside Good Cause areas: if the lease has no conditional-limitation clause, the landlord may have to wait until the lease ends and use the 30/60/90-day notice instead.

If the landlord will not renew a lease (or ends a month-to-month tenancy), written notice is required based on how long the tenant has lived there: 30 days if less than 1 year, 60 days if 1 to 2 years, 90 days if 2 years or more. In Good Cause Eviction units, non-renewal is allowed only for a listed good-cause reason stated in the notice.

• The same 30/60/90-day notice is required for a rent increase of 5% or more.
• Rent-stabilized and rent-controlled tenants have a right to a renewal lease; non-renewal is allowed only on regulatory grounds (e.g., owner use with 90-150 days' notice before lease end, non-primary residence).
• Accepting rent after the termination date may create a new month-to-month tenancy.

Outside Good Cause and rent-regulated units, a landlord can end a month-to-month tenancy with the 30/60/90-day notice based on length of occupancy. In Good Cause Eviction units, no-fault endings are allowed only for listed reasons: the owner or close family moving in as a primary residence (not against tenants 65+ or disabled), good-faith demolition, or withdrawing the unit from the rental market.

• Double-check with the court: Whether the unit is covered by Good Cause Eviction depends on location, the landlord's total unit count, owner occupancy, building age (certificate of occupancy after 2009 is exempt for 30 years), and rent level relative to local fair-market-rent thresholds.

A landlord can bring a holdover case when the premises are used for an illegal trade or business (such as drug dealing) or the tenant is a nuisance. For illegal use, New York does not require a separate notice period before filing, but a written notice demanding that the illegal use stop and a termination notice are commonly used. In rent-stabilized units, nuisance termination needs a notice of at least 7 days.

• Nuisance requires a pattern of continuing conduct, not usually a single incident.
• Double-check with the court: Illegal-use holdovers are complex (RPAPL 715 lets the district attorney or neighbors force a proceeding); legal help is strongly recommended.