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New York lease violation evictions require two separate notices served in sequence. Serving only one notice, or skipping directly to filing, will result in dismissal. The two-step process under RPAPL and RPL is non-negotiable.
The first notice gives the tenant an opportunity to fix the violation. Under New York law, a Notice to Cure must:
If the tenant cures within 10 days, the eviction process ends.
If the tenant fails to cure within 10 days, you serve a second notice — a Notice of Termination. The termination notice period depends on tenancy length under RPL § 226-c:
| Tenancy Length | Termination Notice Period |
|---|---|
| Less than 1 year | 30 days |
| 1–2 years | 60 days |
| 2+ years | 90 days |
Both notices must be properly served before you can file a holdover petition in court.
For severe violations — illegal activity on the premises, substantial property damage, chronic nuisance — New York permits serving an unconditional Notice of Termination without a prior cure notice. The same tenancy-length termination periods apply.
For properties covered by RPL § 216 (Good Cause), the violation must constitute legitimate just cause. Courts will scrutinize whether the violation is genuine or pretextual — particularly in cases where a rent increase was recently served.
Same as the 14-day pay-or-quit notice: must be served by a non-party aged 18+. Personal delivery, substituted service, or nail-and-mail after two failed attempts.
NoticeGen generates both the Notice to Cure and Notice of Termination as a sequenced package, with correct termination periods based on your tenant's tenancy length and Good Cause coverage check.
Not legal advice. Consult an attorney for contested New York evictions.