Eviction Notice Template Nyc

EVICTION NOTICE TEMPLATE: NYC

IMPORTANT LEGAL DISCLAIMER: This document is a template for informational purposes and does not constitute formal legal advice. New York City eviction procedures are governed by the New York State Real Property Actions and Proceedings Law (RPAPL) and the Housing Stability and Tenant Protection Act (HSTPA) of 2019. Landlords are strongly advised to consult with qualified legal counsel before service to ensure compliance with specific notice requirements (e.g., 14-Day Rent Demand, Notice of Termination/Non-Renewal).

1. DOCUMENT PREAMBLE & RECITALS

THIS NOTICE OF EVICTION / LEASE TERMINATION (the "Notice") is issued this [Day] day of [Month], [Year] (the "Effective Date") by [Landlord/Property Owner Name] (the "Landlord"), with a primary office located at [Landlord Address] (the "Notice Address"), to [Tenant Name(s)] (the "Tenant(s)"), residing at [Premises Address, including Unit Number] (the "Premises").

WHEREAS, the Landlord and Tenant entered into a [Written/Oral] Lease Agreement dated [Lease Start Date] (the "Lease") for the use and occupancy of the Premises; and

WHEREAS, the Tenant is currently in default of the Lease terms due to [Reason for Notice, e.g., Non-payment of Rent / Holdover / Lease Violation]; and

WHEREAS, the Landlord desires to terminate the tenancy and regain possession of the Premises in accordance with the laws of the State of New York and the City of New York.

2. OPERATIONAL DEFINITIONS

1. "Arrears": The total sum of unpaid Rent, additional rent, or other monetary charges due under the Lease as of the Effective Date, totaling $[Dollar Amount].
2. "Cure Period": The mandatory timeframe specified by the RPAPL, during which the Tenant may rectify the default to avoid formal commencement of a summary eviction proceeding.
3. "Default": The failure of the Tenant to perform any obligation required under the Lease or applicable housing law.
4. "Premises": The residential or commercial unit described in the Preamble, including all common areas and appurtenances defined in the Lease.
5. "Summary Proceeding": A legal action commenced in the Civil Court of the City of New York (Housing Part) to recover possession of real property.

3. SUBSTANTIVE TERMS & OBLIGATIONS

1. Notice of Default: Tenant is hereby notified that they are in violation of the Lease due to: [Detailed Description of Violation].
2. Performance Requirement: Tenant must, within the Cure Period, either: a) Remit full payment of all Arrears to the Landlord via [Payment Method]; or b) Cure the stated Lease violation to the reasonable satisfaction of the Landlord.
3. Surrender of Possession: In the event the default is not cured, Tenant is required to surrender possession of the Premises and return all keys to the Landlord no later than 11:59 PM on [Termination Date].
4. Condition of Premises: Upon surrender, the Premises must be returned in the same condition as received, ordinary wear and tear excepted, free of all personal property and debris.
5. Representations: Landlord represents that this Notice complies with the notice requirements set forth under NYC Administrative Code and the NYS RPAPL.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Breach Classification: Failure to comply with the demands herein constitutes a material breach of the Lease and a basis for the termination of the tenancy.
2. Cure Period: Tenant is granted a period of [e.g., 14] days from the receipt of this Notice to cure the default, or such longer period as may be mandated by the current NYS housing statutes.
3. Remedies: Upon expiration of the Cure Period without satisfactory performance, Landlord reserves the right to: a) Commence a Summary Proceeding for eviction; b) Seek a judgment for all outstanding Arrears, legal fees, and costs of court; c) Invoke any and all rights available under New York State law to recover possession and damages.

5. BOILERPLATE LEGAL PROVISIONS

1. Severability: If any provision of this Notice is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
2. Entire Agreement: This Notice constitutes the entire understanding between the parties regarding the subject matter herein and supersedes all prior communications, whether written or oral.
3. Force Majeure: Neither party shall be held liable for failure to perform duties due to events beyond their reasonable control, excluding, however, the Tenant’s obligation to pay Rent.
4. Governing Law: This Notice shall be governed by and construed in accordance with the laws of the State of New York.
5. Dispute Resolution: Any disputes arising out of this Notice or the underlying tenancy shall be subject to the exclusive jurisdiction of the Civil Court of the City of New York, County of [Borough/County].

6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Landlord has executed this Notice as of the Effective Date.

LANDLORD:

Signature: ___________________________ Print Name: [Signatory Name] Title: [Title, e.g., Property Manager/Owner] Entity: [Company Name] Date: [Date]

ACKNOWLEDGMENT OF RECEIPT (Tenant):

Note: Signature below acknowledges receipt of this notice only and does not constitute an admission of the facts stated herein.

Signature: ___________________________ Print Name: [Tenant Name] Date: [Date]