The New York eviction notice forms are used when a tenant has either failed to pay rent, or is breaching the lease in some way, or is holding over after a lease has ended. The forms are a way for a landlord to inform the tenant that they are getting ready to take court action if the tenant doesn’t either rectify the problem or move out. If the tenant doesn’t not respond to the notice, the landlord can then go to court to file a Petition and Notice of Petition. The New York court system has Do-it-Yourself Forms (Inside NYC – Outside NYC).
3-Day Notice to Quit (Non-Payment) – This form is used if the tenant has failed to pay the rent when it is due. The tenant will have three (3) days to respond to the notice before you can file a petition with the court. This form is also known as a “Demand for Rent”.
- For additional help use the Guide for Non-Paying Tenants.
10-Day Notice to Quit (Non-Compliance) – This form is used when the tenant is breaching a lease term. The tenant will have ten days to respond before the landlord can go to court.
30-Day Notice to Quit (Month to Month) – This form is for use to let the tenant know that a month-to-month lease will end at the end of thirty days.
When is Rent Due
Rent is due on the date specified in the lease. If the tenant fails to pay when due, landlord is entitled to send a three day notice demanding payment of rent.
How to Evict (Process)
Step 1 – Before a landlord can go to court, he has to provide requisite notice to the tenant. If it is for non payment of rent, he should provide This 3-day Notice. If the tenant has failed to abide by other terms of the lease, the landlord should provide This 10-day Notice. If the landlord wants to let a month-to-month tenant that there will be no renewal of the lease, he should use this 30-day Notice Form.
Step 2 – If the tenant fails to comply with the notice and continues to breach the lease by not paying rent, violating the lease terms or holding over after a lease term is up, landlord may then file a Petition with the Local City, Village or Town Court if the property in question is outside of New York City, or with the Housing Court if the property is inside New York City.
Court Eviction Forms
Most forms have to be Notarized before they can be filed with the court.
Step 3 – Once you have finished filing with the court and have chosen a court date, you must serve the papers on the tenant. (For NYC residents as set forth on This Webpage)
Step 4 – The tenant will then have a chance to show up at court and dispute the matter, or will not show up. In either case, if the landlord receives a judgment, the tenant will have to move out. In order to receive help from the sheriff, the landlord will have to get a Judgment and a Warrant for Eviction.
Step 5 – Once you have these forms signed by the court, you can deliver them to the sheriff who will provide a notice of eviction to the tenant. The tenant will then have 72 hours to move out before he or she is forced out.