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New York10 Days Cure + 30–90 Days TerminationRPAPL § 753(4)

New York Lease Violation Notice: Two-Step Process (2026)

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.

Step 1 — Notice to Cure (10 Days)

The first notice gives the tenant an opportunity to fix the violation. Under New York law, a Notice to Cure must:

  • Describe the specific lease violation in detail
  • State what the tenant must do to cure it
  • Give the tenant 10 days to cure
  • Reference the specific lease provision being violated

If the tenant cures within 10 days, the eviction process ends.

Step 2 — Notice of Termination

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 LengthTermination Notice Period
Less than 1 year30 days
1–2 years60 days
2+ years90 days

Both notices must be properly served before you can file a holdover petition in court.

Serious Violations — No Cure Required

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.

Good Cause Eviction Law

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.

Service Requirements

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.

Generate a New York Lease Violation Notice Package

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.