New York City · Lease violation

NYC lease violations: the notices you must serve before you can evict.

When a New York City tenant violates their lease — unauthorized sublet, pet in a no-pet building, property damage, illegal activity — the law does not allow the landlord to simply call the Sheriff. A specific sequence of notices is required before any eviction proceeding can begin, and each notice must comply with RPAPL and RPL requirements down to the day count and delivery method. Here is how it works in 2026.

⚠️ This page provides general legal information, not legal advice. Laws change and individual circumstances vary. Consult a licensed attorney for guidance on your specific situation.

NYC lease violations — the legal framework

Lease violation evictions in NYC proceed as holdover proceedings under RPAPL Article 7, not nonpayment proceedings. Before filing, the landlord must serve a written notice that gives the tenant an opportunity to cure (fix) the violation — or, for incurable violations, an unconditional notice to vacate. The required notice period depends on the lease term and the nature of the violation. After the notice period expires without cure or vacatur, the landlord may file a Notice of Petition and Holdover Petition in the Housing Court of the borough where the apartment is located.

Step 1 — Identify the violation type and required notice

The required notice depends on whether the violation is curable (the tenant can fix it) or incurable (serious enough that the tenancy must end regardless).

Violation type	Required notice	Notice period	Statute
Curable lease violation (pet, unauthorized occupant, nuisance)	Notice to Cure	10 days (typical lease provision) or as stated in lease	RPL § 235 + lease terms
Month-to-month tenancy — less than 1 year	30-Day Termination Notice	30 days before end of rental period	RPL § 232-b
Month-to-month tenancy — 1–2 years	60-Day Termination Notice	60 days before end of period	RPAPL § 226-c (post-HSTPA)
Month-to-month tenancy — 2+ years	90-Day Termination Notice	90 days before end of period	RPAPL § 226-c (post-HSTPA)
Incurable violation / illegal activity	Unconditional Quit Notice	As stated in lease (min. 3 days)	RPL § 231
Fixed-term lease expiration (Good Cause may apply)	Non-renewal Notice	30/60/90 days depending on tenancy length	RPAPL § 226-c

!Good Cause Eviction Law — major change since April 2024

The Good Cause Eviction Law, effective April 20, 2024, applies to most market-rate residential rental units in NYC. Under this law, a landlord must have 'good cause' to evict a tenant or refuse to renew a lease. A lease violation can constitute good cause — but the landlord must prove the violation is substantial and the tenant has not cured it despite notice. A pure non-renewal at end of lease term without good cause is no longer sufficient for most covered units.

Substantial lease violation = good cause for eviction
Pure end-of-lease non-renewal without cause: not sufficient for covered units
Good Cause exemptions: owner-occupied buildings ≤4 units, condos/co-ops, tenancies under 1 year
If covered: include 'good cause' statement in the non-renewal notice

Step 2 — Serve the notice correctly

Notices for holdover proceedings must be served using the methods specified in RPAPL § 735: personal delivery to the tenant; substituted service — leaving with a person of suitable age and discretion at the premises plus mailing; or nail-and-mail — affixing to the door plus mailing, when other methods cannot be used after reasonable attempts. Keep an affidavit of service documenting the method, date, and person served.

Step 3 — Wait for the cure period to expire

If you served a Notice to Cure: if the tenant cures the violation within the notice period, the proceeding ends. Document the cure. If the tenant fails to cure: serve a Notice of Termination giving additional time (typically 30 days) for the tenant to vacate. If the tenant does not vacate: file the holdover petition.

For month-to-month tenancies: after the 30/60/90-day termination notice expires without the tenant vacating, you may immediately file the holdover petition — no separate notice to cure is required unless the lease violation (not just end of tenancy) is the grounds.

Step 4 — File the holdover petition in Housing Court

File a Notice of Petition and Holdover Petition in the Housing Court of the borough where the apartment is located. The filing fee is $45. Attach all notices served and affidavits of service. Have the papers served on the tenant by a process server (not yourself). The first court date is typically 10–17 days after service.

1
Document the violation thoroughly
Photos, dated written complaints to the tenant, any communications referencing the violation. The stronger your documentation, the harder it is for the tenant to deny the violation in court.
Do this before serving any notice
2
Send a written cure demand
Even before the formal Notice to Cure, send a letter identifying the specific lease provision violated and demanding correction. This creates a paper trail and sometimes resolves the issue without court.
Optional but recommended
3
Serve formal Notice to Cure (for curable violations)
Identify the exact lease clause violated, describe the specific violation, and give the cure deadline. Use RPAPL § 735 service methods. Keep an affidavit of service.
10-day period is typical unless lease specifies otherwise
4
Serve Notice of Termination if violation is not cured
After the cure period expires without correction: serve a Notice of Termination giving the tenant time to vacate (typically 30 days). This is a separate notice — the proceeding is a two-notice process for curable violations.
Required before filing for curable violations
5
File Holdover Petition in Housing Court
File Notice of Petition and Holdover Petition in the borough Housing Court. $45 filing fee. Have a process server serve the papers. Bring all notices and affidavits of service to the first court date.
First court date: 10–17 days after service

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Common mistakes in NYC lease violation cases

Skipping the Notice to Cure and filing directly — the court will dismiss for failure to follow proper notice sequence
Not specifying the exact lease clause violated in the notice
Serving the wrong type of notice (nonpayment petition instead of holdover for lease violations)
Serving papers yourself instead of using a process server
Not accounting for Good Cause Eviction Law requirements for covered units
Failing to keep affidavits of service for every notice served
Using the wrong notice period — especially for tenancies of 1+ or 2+ years (60/90-day requirement)

Frequently Asked Questions

Can I evict a NYC tenant for a lease violation without going to court?

No. Self-help eviction — changing locks, removing belongings, shutting off utilities — is illegal in New York and constitutes a Class A misdemeanor under RPAPL § 768, punishable by triple damages. The only lawful way to remove a tenant, including for lease violations, is through a Housing Court holdover proceeding after serving the required predicate notices.

What is the difference between a Notice to Cure and a Notice of Termination in NYC?

For curable violations, NYC landlords must serve a two-notice sequence: first, a Notice to Cure identifying the violation and giving the tenant time to fix it (typically 10 days per the standard lease); second, if the tenant fails to cure, a Notice of Termination giving the tenant additional time to vacate (typically 30 days). Only after both notices expire without cure or vacatur can the landlord file a holdover petition.

Does the Good Cause Eviction Law prevent me from evicting a tenant who violated their lease?

A substantial lease violation constitutes 'good cause' for eviction under the 2024 Good Cause Eviction Law. The law does not shield tenants from eviction for documented lease violations — it prevents non-renewal without cause and protects against unreasonable rent increases. If the tenant has committed a genuine, documented lease violation and failed to cure it after notice, you have good cause to proceed.

How long does a lease violation holdover proceeding take in NYC Housing Court?

A holdover proceeding for a lease violation typically takes 3 to 6 months from start to finish: Notice to Cure (10 days) + Notice of Termination (30 days) = 40+ days before filing; filing and service (1–2 weeks); first court date in Resolution Part (10–17 days after service); settlement discussions or trial scheduling (4–12 weeks); and if a trial occurs, another 4–8 weeks. Cases where the tenant appears with an attorney under NYC's Right to Counsel program tend to run longer.

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