NYC Eviction Notices: 14-Day, 10-Day Cure, 30/60/90-Day Explained

Navigating the complexities of eviction in New York City can be daunting for tenants. A critical first step in understanding and fighting an eviction is recognizing the type of notice you've received. This notice, often referred to as a "predicate notice," is a formal document from your landlord that initiates the eviction process and specifies the reason for it. Understanding these notices is crucial because they dictate your rights, the timeframe you have to respond, and the potential defenses available to you.

In NYC, eviction notices fall broadly into two categories: those for non-payment of rent and those for holdover cases (lease violations or termination of tenancy). Each type has specific legal requirements for content and service, and strict timelines that must be followed by the landlord. Failure by the landlord to adhere to these rules can be a valid defense for a tenant in Housing Court.

This comprehensive guide will break down the most common types of eviction notices in New York City: the 14-Day Notice to Pay Rent, the 10-Day Notice to Cure, and the 30/60/90-Day Notices of Termination (often referred to as "Notice to Quit").

The Foundation of Eviction: Predicate Notices

Before a landlord can even file an eviction lawsuit in Housing Court, they must serve the tenant with a proper written "predicate notice." This notice serves as a formal warning, informing the tenant of the alleged issue and providing an opportunity to address it or vacate the premises.

Why is a predicate notice so important?

• Legal Prerequisite: It's a mandatory first step in almost all eviction cases. Without it, the landlord's court case is invalid.

• Notice and Opportunity: It gives the tenant official notice of the landlord's intent to evict and, in many cases, an opportunity to "cure" (fix) the problem.

• Defines the Cause: The type of notice reveals the landlord's stated reason for eviction, which directly impacts the tenant's defense strategy.

• Sets Timelines: Each notice carries specific deadlines for the tenant to respond or act before the landlord can proceed to court.

It's vital for tenants to understand that receiving a predicate notice does not mean you are immediately evicted. It means your landlord intends to start the legal process. Your response to this notice is critical.

1. The 14-Day Notice to Pay Rent (Non-Payment)

The 14-Day Notice to Pay Rent, sometimes informally called a "14-Day Notice to Quit for Non-Payment," is the most common type of notice given when a tenant has fallen behind on rent.

Purpose: This notice is used exclusively when the landlord alleges that the tenant has failed to pay rent. Its primary purpose is to demand the outstanding rent payment.

Key Characteristics and Requirements:

• Rent Demand: The notice must clearly state the total amount of rent due, including any late fees that are legally permissible under the lease and New York law.

• Timeframe: It informs the tenant that they have 14 days from the date the notice is properly served to either pay the full amount of overdue rent or move out of the apartment.

• "Pay or Quit": The notice gives the tenant a choice: pay the rent arrears or vacate the premises.

• Formal Demand: This notice fulfills the legal requirement for a formal demand for rent before a non-payment eviction case can be filed.

• Service: The notice must be served according to specific legal methods, which typically include personal delivery, substituted service (giving to a person of suitable age and discretion at the property, followed by mailing), or conspicuous place service (affixing to the door, followed by mailing). Improper service can invalidate the notice.

Tenant's Response & Implications:

• Paying the Rent: If the tenant pays the full amount of rent demanded (and any legally allowed late fees) within the 14-day period, the landlord cannot proceed with a non-payment eviction case based on that specific missed rent. It's crucial for tenants to get a dated receipt or proof of payment if they pay within this window.

• Partial Payment: A landlord may accept a partial payment, but this does not automatically stop the eviction process unless there is a written agreement to that effect. If a partial payment is accepted, the landlord might still proceed with the case, but the amount owed would be reduced.

• Not Paying/Not Moving: If the tenant neither pays the rent nor moves out within the 14 days, the landlord can then file a "Notice of Petition" and "Petition" with the Housing Court to formally begin the eviction lawsuit. This is where the court process begins.

  Got Notice of Petition and Petition? Read 24-hour action plan

• Defenses: Even if the tenant doesn't pay, they may still have defenses in court, such as:

  • Improper Service: The notice was not served correctly.

  • Incorrect Amount Demanded: The landlord demanded more rent than was actually owed.

  • Breach of Warranty of Habitability: The landlord failed to maintain the apartment in a safe and livable condition, and the tenant may be entitled to a rent abatement.

  • Retaliation: The eviction is in retaliation for the tenant asserting their rights.

  • Payment Made: Proof that the rent was paid within the 14-day period.

Crucial Advice: Never ignore a 14-Day Notice to Pay Rent. Even if you cannot pay, understanding your rights and the next steps is vital. Contacting legal aid or a tenant rights organization immediately is advisable.

2. The 10-Day Notice to Cure (Lease Violations)

The 10-Day Notice to Cure is used when a landlord alleges that a tenant has violated a specific term or condition of their lease agreement, other than non-payment of rent.

Purpose: This notice provides the tenant with an opportunity to "cure" or fix the alleged lease violation within a specified timeframe. It's designed to give the tenant a chance to avoid eviction by correcting their behavior or remedying the breach.

Key Characteristics and Requirements:

• Specific Violation: The notice must clearly and specifically describe the alleged lease violation. Vague accusations are often not sufficient. Examples include unauthorized pets, excessive noise, unauthorized occupants, damage to the property, or using the apartment for illegal purposes (though severe illegal activity may bypass this notice requirement).

• Reference to Lease: It should reference the specific clause(s) in the lease agreement that the tenant is alleged to have violated.

• Timeframe: The tenant has 10 days from the date of proper service to "cure" or fix the violation.

• "Cure or Quit": Similar to the non-payment notice, it presents an ultimatum: resolve the violation or face termination of the tenancy.

• Service: Like all predicate notices, proper service methods (personal, substituted, conspicuous place) are legally required.

Tenant's Response & Implications:

• Curing the Violation: If the tenant genuinely fixes the problem within the 10-day period (e.g., removes the unauthorized pet, repairs minor damage, stops the disruptive behavior), the landlord generally cannot proceed with a holdover eviction case based on that specific violation. It's wise to document the cure (e.g., photos, written communication with landlord).

• Failure to Cure: If the tenant does not cure the violation within 10 days, or if the landlord believes the violation is "incurable," the landlord can then serve a "Notice of Termination" (often a 30-day notice, discussed next) to end the tenancy, followed by filing a holdover petition in Housing Court.

• "Incurable" Violations: Some violations may be considered "incurable" by a landlord, meaning they cannot be fixed (e.g., significant property damage, chronic nuisance behavior, severe illegal activity). In such cases, the landlord may argue that a 10-day notice to cure is not required, or they may serve it and then immediately follow with a Notice of Termination if the tenant doesn't vacate. This is a highly contentious area and often requires legal interpretation.

• Defenses: Tenants may have strong defenses against a 10-Day Notice to Cure, including:

  • Violation Not True: The alleged violation did not occur.

  • Violation Cured: The tenant fixed the problem within the timeframe.

  • Vague Notice: The notice did not sufficiently describe the violation.

  • Waiver: The landlord previously knew about and tolerated the violation (e.g., knew about a pet but never objected).

  • Retaliation: The notice is in retaliation for the tenant exercising their rights.

  • Good Cause Eviction: For tenants covered by the Good Cause Eviction Law (see below), the alleged lease violation must be "good cause" for eviction, and the tenant must have failed to cure it.

Crucial Advice: If you receive a 10-Day Notice to Cure, assess whether you can realistically fix the alleged issue. If you can, do so promptly and document your efforts. If you believe the accusation is false, or the violation is unclear, seek legal advice immediately.

3. 30/60/90-Day Notices of Termination (Holdover / "Notice to Quit")

These notices are used to terminate a tenancy at the end of a lease term, or a month-to-month tenancy, or in certain situations involving lease violations where the landlord chooses to terminate the tenancy rather than allow a cure. They are commonly referred to as "Notices to Quit" because they demand the tenant vacate the premises.

Purpose: To formally inform a tenant that their tenancy is being terminated and they must vacate the premises by a specific date. These notices are the predicate for "holdover" eviction cases.

Key Characteristics and Requirements (General):

• Termination Date: The notice must clearly state the date by which the tenant must vacate the apartment. This date must be at least the specified number of days from the date of proper service.

• Reason (Crucial Post-HSTPA and Good Cause Eviction): While historically, for unregulated tenancies, landlords might not have needed a "reason" to terminate a month-to-month tenancy, recent changes in New York law (specifically the Housing Stability and Tenant Protection Act of 2019 - HSTPA, and the Good Cause Eviction Law for covered units) have significantly impacted this. Now, for many unregulated tenancies, a landlord must provide "good cause" to terminate a lease or refuse to renew it.

• Service: As with other notices, proper service is legally mandated.

Specific Types and Their Nuances:

a. 30-Day Notice of Termination

When Used:

• Month-to-month tenancies: If the tenant has occupied the apartment for less than one year.

• Lease expiration: For a lease term of less than one year where the landlord does not intend to renew (and has "good cause" if the Good Cause Eviction Law applies).

• After 10-Day Notice to Cure: If a tenant fails to cure a lease violation after receiving a 10-Day Notice to Cure, the landlord would then serve a 30-Day Notice of Termination.

Timeframe: The tenant must vacate within 30 days of proper service.

Crucial Note: For tenancies that are not rent-stabilized or rent-controlled, and are covered by the Good Cause Eviction Law (effective April 20, 2024, statewide unless localities opt-out, and automatically in NYC for many units), a landlord cannot simply terminate a tenancy after 30 days without "good cause." The notice must state a "good cause" reason for termination (e.g., non-payment of rent, lease violation not cured, owner occupancy, withdrawal from rental market, nuisance). If the reason is an "unreasonable" rent increase, the tenant can challenge it in court.

b. 60-Day Notice of Termination

When Used:

• Tenancies between one and two years: If the tenant has occupied the apartment for more than one year but less than two years (e.g., a month-to-month tenant of 18 months, or a 1-year lease expiring after 18 months of continuous occupancy, assuming no renewal).

• Lease expiration: For a lease term of one year or more, but less than two years, where the landlord does not intend to renew (and has "good cause" if the Good Cause Eviction Law applies).

Timeframe: The tenant must vacate within 60 days of proper service.

Crucial Note: As with the 30-day notice, the Good Cause Eviction Law profoundly impacts these notices for covered units. A landlord must state "good cause" for the termination or non-renewal.

c. 90-Day Notice of Termination

When Used:

• Tenancies of two years or more: If the tenant has occupied the apartment for two years or more (e.g., a month-to-month tenant of 25 months, or a 2-year lease expiring after 3 years of continuous occupancy, assuming no renewal).

• Lease expiration: For a lease term of two years or more where the landlord does not intend to renew (and has "good cause" if the Good Cause Eviction Law applies).

Timeframe: The tenant must vacate within 90 days of proper service.

Crucial Note: Again, the Good Cause Eviction Law applies. A landlord must state "good cause" for termination or non-renewal.

Tenant's Response & Implications (for all 30/60/90-Day Notices):

• Vacate: The tenant can choose to move out by the termination date specified in the notice.

• Remain and Fight: The tenant can choose to remain in the apartment. If they do, the landlord will then file a "Notice of Petition" and "Petition" for a "holdover" eviction case in Housing Court.

• Defenses: Tenants have various potential defenses in holdover cases:

  • Improper Service: The notice was not served correctly.

  • Insufficient Notice Period: The notice did not provide the legally required number of days (e.g., a 30-day notice given to a tenant who lived there for 1.5 years).

  • Lack of Good Cause (for covered units): For apartments subject to the Good Cause Eviction Law, the landlord failed to state a valid "good cause" for termination, or the stated cause is false or insufficient. This is a very strong defense.

  • Retaliation: The notice is in retaliation for the tenant asserting their rights (e.g., complaining about conditions).

  • Waiver: The landlord accepted rent for periods after the termination date (this can sometimes invalidate the notice, but be cautious as it's not always a guarantee).

  • Unreasonable Rent Increase: If the non-renewal is due to the tenant's refusal to accept an "unreasonable" rent increase (for units covered by Good Cause Eviction).

Crucial Advice: If you receive a 30/60/90-Day Notice, especially if you believe the landlord lacks "good cause" to terminate your tenancy, seek legal counsel immediately. These notices often mark the beginning of a complex legal battle, and understanding your rights is paramount.

The Housing Stability and Tenant Protection Act of 2019 (HSTPA) and Good Cause Eviction Law

It's impossible to discuss eviction notices in NYC without highlighting the profound impact of the Housing Stability and Tenant Protection Act of 2019 (HSTPA). This landmark legislation significantly strengthened tenant protections across New York State, including changes to notice requirements:

• Expanded Notice Periods: HSTPA standardized and expanded the notice periods for non-renewal of leases or rent increases of 5% or more, requiring:

  • 30 days' notice if the tenant has occupied for less than one year or has a lease term of less than one year.

  • 60 days' notice if the tenant has occupied for one year but less than two years, or has a lease term of one year or more but less than two years.

  • 90 days' notice if the tenant has occupied for two years or more, or has a lease term of two years or more.

• 14-Day Rent Demand: HSTPA specifically codified the 14-day notice period for non-payment of rent, replacing previous shorter periods.

More recently, the Good Cause Eviction Law, effective April 20, 2024, has added another layer of protection. While it doesn't apply to all units (e.g., rent-stabilized, rent-controlled, public housing, co-ops, condos, certain small landlords are exempt), it significantly impacts unregulated tenancies. Under this law, landlords generally cannot evict a tenant or refuse to renew a lease without a "good cause" reason for doing so. This means that a 30/60/90-day Notice of Termination for an unregulated unit covered by Good Cause Eviction must now state a legitimate "good cause" for the termination (e.g., non-payment of rent, lease violation, nuisance, owner occupancy, demolition). If the stated reason is an "unreasonable" rent increase (defined as 5% plus inflation, or 10%, whichever is lower), the tenant has the right to challenge this in court.

The implication for tenants: These laws provide a powerful shield. If you receive a termination notice without a clear, valid "good cause" reason, especially if your unit is covered by the Good Cause Eviction Law, you may have a strong defense against eviction.

General Rules and Tenant Protections Pertaining to All Notices:

• Proper Service is Key: The landlord must properly serve the notice according to New York law. This often involves personal delivery, "substituted service" (leaving with a person of suitable age and discretion, then mailing), or "conspicuous place service" (affixing to the door, then mailing). Proof of service is vital for the landlord. Improper service is a common and often successful defense for tenants.

• No Self-Help Eviction: In New York, it is illegal for a landlord to attempt to evict a tenant without a court order. This means a landlord cannot change locks, shut off utilities, remove belongings, or harass a tenant into leaving. These actions are considered "self-help" evictions and can lead to severe penalties for the landlord.

• Retaliation is Illegal: Landlords cannot evict or harass tenants in retaliation for asserting their legal rights, such as complaining about repairs, joining a tenant's association, or reporting housing code violations. If an eviction notice follows closely on the heels of such an action, it may be a retaliatory eviction, which is illegal.

• Right to Counsel: In NYC, eligible tenants facing eviction have a right to legal representation in Housing Court. This program provides free legal services to low-income tenants.

• Documentation: Always keep copies of all notices received, your lease, rent receipts, communication with your landlord, and any evidence related to the alleged reason for eviction (e.g., photos of repairs, proof of payments).

• Don't Ignore Court Papers: If a landlord proceeds to file a "Notice of Petition" and "Petition" with the court after the predicate notice period expires, do not ignore these court papers. This is your official summons to Housing Court. You must respond by the deadline stated in the Notice of Petition, usually within 10 days of service. Failing to respond can lead to a default judgment against you, resulting in an automatic eviction.

See: NYC Tenant Rights 2025: Your Essential Guide to 10 Key Protections

How LawHax Helps

Understanding the nuances of these eviction notices and the subsequent court process can be overwhelming, especially for tenants who are already stressed by the threat of losing their home. This is where LawHax steps in.

LawHax is designed to demystify the initial legal response to an eviction petition. While it's crucial to understand the predicate notice, the next critical step after a landlord files in court is for the tenant to file an "Answer to Petition." This document formally responds to the landlord's claims and outlines the tenant's defenses.

LawHax simplifies the creation of this vital document, allowing NYC tenants to generate a completed "Answer to Petition for Eviction" in under 10 minutes. By walking you through a series of easy-to-understand questions, LawHax helps you:

• Identify Your Defenses: Based on the type of notice you received and your situation, LawHax can guide you in identifying common legal defenses.

• Formulate Your Response: It translates your situation into the proper legal language required for a court document.

• Save Time and Stress: Instead of wading through complex legal forms, you get a ready-to-file document quickly and efficiently.

• Empower Yourself: By providing a concrete tool to respond, LawHax empowers tenants to take control of their eviction defense from the outset.

While LawHax cannot provide legal advice or represent you in court, it provides a critical first step for tenants to formally respond to an eviction lawsuit, buy themselves time, and lay the groundwork for a robust defense.

Conclusion

Receiving an eviction notice in New York City is a serious matter, but it's not the end of the road. Each notice type – the 14-Day Notice to Pay Rent, the 10-Day Notice to Cure, and the 30/60/90-Day Notices of Termination – carries specific legal requirements and implications. Understanding these distinctions is the tenant's first line of defense.

By knowing your rights, understanding the notice you've received, and promptly acting on it, you can significantly improve your chances of successfully fighting an eviction or negotiating a favorable outcome. Tools like LawHax are built to equip you with the initial resources needed to navigate this challenging legal landscape, ensuring you can quickly and accurately file your "Answer to Petition" and assert your rights in Housing Court. Don't face eviction alone – knowledge and prompt action are your most powerful allies.