Understanding the Basics: What You Need to Know First
Before you can legally evict anyone in New York State, you must serve them with a formal “predicate notice.” This initial eviction notice is a critical legal requirement with specific timeframes that must be followed precisely.
What is a Predicate Notice? The Eviction Notice in New York State.
A predicate notice is the first official document in the eviction process that:
- Notifies the tenant that their tenancy is being terminated
- Informs them of the date by which they must vacate the property
- Must be delivered by a professional process server
- Is now accompanied by a good cause eviction notice (a recent NY State requirement)
If the tenant doesn’t move out by the date specified in the notice, only then can the landlord initiate formal eviction proceedings in court.
Why New York Requires These Notices
New York State law mandates that most tenants receive proper predicate and good cause eviction notices before any court action can begin. This means that once you decide to evict, tenants will have several additional weeks in the property before you can even file an eviction action in court—even if they’ve stopped paying rent.
The specific type of notice and waiting period depends on several factors, particularly the tenancy type and how long the person has lived at the property.
Required Notice Periods: How Long Must You Wait?
While nonpayment proceedings require only a 14-day notice, holdover proceedings have varying notice requirements based on occupancy type and duration:
10-Day Notice Period
- Licensees (non-tenants with permission to occupy)
- Holdovers incident to employment
- Post-foreclosure prior owners
- Certain squatters
Real-world examples:
- Evicting an ex-partner who refuses to leave your home
- A live-in health aide who won’t move out after their employer passes away
- Former homeowners who refuse to vacate after a foreclosure sale
30-Day Notice Period
- Tenants at will
- Tenants with no lease term
- Month-to-month tenants who have lived at the property less than one year
Real-world examples:
- A month-to-month tenant who moved in 6 months ago but has stopped paying rent
- A family member you allowed to stay in your basement apartment who’s becoming disruptive
60-Day Notice Period
- Tenants who had one-year leases and have been in possession for 1-2 years
- Tenants with no specific lease term who have been in possession for 1-2 years
Real-world examples:
- A tenant whose 1-year lease expired (now month-to-month) who has been there for 20 months
- A month-to-month tenant who has lived in the property for 13 months
90-Day Notice Period
- Tenants with lease terms of two years or longer
- Tenants with no specific lease term who have been in possession for two years or more
- Tenants of foreclosed properties following an auction
Real-world examples:
- A month-to-month tenant residing at the property for more than 2 years
- Tenants living in a property you purchased at a foreclosure auction
What Happens After Serving the Notice?
Once you’ve served the proper notice, you must wait the full required period (10, 30, 60, or 90 days), giving the occupant the opportunity to move voluntarily. This waiting period is mandatory—even if you know they have no intention of leaving.
Unfortunately, unlike some other states, New York does not offer an expedited eviction option if the occupant becomes a nuisance during this waiting period. The only exception is for tenants arrested multiple times for selling drugs at the property.
Important: Landlords must factor these waiting periods into their financial planning to account for potential holding costs should a tenant become problematic.
When is a Predicate Notice NOT Required?
There are limited situations when you can remove someone from your property without an eviction notice:
- Transient Guests
If someone has been residing at your property for less than 30 days without a lease, you can ask them to leave without formal eviction proceedings. If they refuse, you may be able to call the police to remove them as trespassers.
Example: A friend who asked to temporarily sleep on your couch for a few days but shows no signs of leaving after two weeks.
- Squatters
While a recent New York law states that squatters don’t have rights to the property and can be removed by police without an eviction notice, the reality is often different. Many homeowners still find themselves going through the court process when police decline to enforce these newer laws.
- Illegal Activities
If your tenants are arrested multiple times for selling drugs or conducting other illegal activities on the property, you may be able to evict them without serving predicate notices first.
Why Self-Representation Is Risky for Landlords
While landlords could often represent themselves in court twenty years ago, today’s landlord-tenant laws and procedures have become significantly more complex. Now, it’s extremely difficult for landlords to successfully navigate eviction proceedings without professional legal help.
Making matters more challenging, many tenants now qualify for free legal representation through programs like the Volunteer Lawyers Project or Legal Services of Long Island. This means you could find yourself facing an experienced attorney looking for any legal loophole to extend your tenant’s stay.
- Incorrect notice periods
- Improperly drafted notices or attachments
- Incorrectly drafted or filed service affidavits
- Wrong method of service
- Missing documentation
- Missing required attachments
When an eviction proceeding gets dismissed due to procedural errors, you must restart the entire process, potentially adding 3-4 months of delays, lost rental income, and continued problems with difficult occupants.
Getting Professional Help
Even many attorneys are unfamiliar with the current eviction process in New York. For landlords dealing with problem tenants, working with experienced legal counsel familiar with New York’s complex eviction laws is often the most efficient and cost-effective approach in the long run.
