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10 Day Notice to Quit

10 Day Notice

There are many types of notices that may be required in New York State before a property owner can initiate an eviction proceeding in court. And the type of notice and the notice period given is typically determined by the relationship of the party being evicted or the length of occupancy.

In New York State, a ten (10) day notice to quit is a legal document that must be served by the property owner or agent as a predicate notice to commencing a holdover proceeding to remove any of 11 types of occupants, the most common of which are squatters, licensees, persons whose occupancy is incident to employment, or foreclosed prior owners. It is generally not an appropriate notice for tenants. After the expiration of the 10-day notice, the landlord is properly situated to bring a holdover eviction action in court.

What is Included in a 10-Day Notice?

A 10-day notice states the names of the parties, the rental property address, and informs the occupants that the owners are terminating their occupancy and that they have ten days to move out, or the owner will begin an eviction proceeding against them in court.

The exact requirements are described in New York’s Real Property Actions and Proceedings Law § 713. It’s essentially a 10-day warning or grace period that you are about to begin an eviction proceeding against them. It gives them ten days to pack up and leave before eviction proceedings begin.

Who gets served with a 10-Day Notice to Quit?

There are many types of predicate eviction notices, and a 10-day eviction notice isn’t appropriate for every type of occupant you’re seeking to evict. New York’s RPAPL says that only certain types of occupants need to be served with a 10-day eviction notice before an eviction proceeding can begin. The following are the most common examples of the types of occupants that would require a 10-day notice before the eviction process can proceed in court:

  • Licensees

    Tip: The licensee has to have non-exclusive possession, and there has to be no agreement to pay rent. And that includes no agreement to pay money toward the mortgage. Otherwise, they may be considered a tenant, and a different notice and notice period may apply.

  • Squatters

    A squatter is someone who enters and intrudes upon a property and lives there without the owner’s permission or knowledge for at least 30 days. Squatting can be intentional, and it can even happen by accident. For example, if they were the victim of a scam and unknowingly given a fake lease in exchange for payment.

  • Post-foreclosure prior owners of the property

    If someone buys a property at a foreclosure auction, and the prior owners of the property are still living there, the prior owners must be served with a 10-day notice before an eviction proceeding can be filed in court. Tip: You must determine if the occupants are actually the prior owners (10-day notice) or if they are tenants of the prior owners (90-day notice).

  • Occupants whose occupancy is incident to employment

    An example would be a live-in home healthcare worker. If their occupancy was a condition of employment, and their employment has been terminated, you must give them 10 days' notice to vacate the premises.

There are other rare circumstances where a 10-day notice to quit in New York may be warranted, such as when evicting the tenant of a life tenant after the life tenant passes away. And there is also a “reverse” 10-day notice, where victims of domestic violence can serve the landlord with a 10-day notice that they are terminating their lease and ending their tenancy.

If you’re unsure what type of notice should be served, or what it should say, then it may be best for you to contact a Long Island landlord tenant attorney to help you to decide. You can give us a call anytime for a free consultation.

How to serve a 10-day Notice to Quit

If you have determined that a 10-day notice to quit is the appropriate notice to serve on the occupants you’re trying to evict, then you should know that there are strict service requirements for the notice. A 10-day notice to quit must be served in the same manner as a notice of petition and petition, e.g. by a non-party (like a process server).

Suppose the occupants receive their ten-day notice to vacate, and they refuse to leave at the expiration of the notice. In that case, a copy of the 10-day notice to quit and its affidavit of service will need to be attached to your petition when you file for your eviction proceeding in court.

In conclusion, a 10-day eviction notice is appropriate for certain types of occupants, such as licensees, squatters, post-foreclosure prior owners of the property, and occupants whose occupancy is incident to employment. Moreover, the notice must be served properly in order for it to be valid. Landlord-tenant law can be a bit tricky, and if you serve the wrong kind of notice, your case will most likely be dismissed, and the occupant will get to stay even longer. If you’re unsure about what type of notice to serve or how to serve it, contact a Long Island landlord-tenant lawyer such as Long Island Evictions, and we’d be glad to help you.

Michelle Murtha, Esq.

Michelle Murtha, Esq.

Michelle Murtha is the managing member of the Long Island Eviction Law Firm, PLLC, and has been a fearless litigator fighting for her client's rights for almost 20 years. You can lean more about her on our landlord-tenant lawyers page.

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