How do I evict a tenant for non-payment of rent in New York State?
Hi I jus want to know if I am giving the tenant the right documents. I am in New York state and I want her gone for non-payment.
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The first step is to give the tenant a written 14-day notice to pay rent or vacate. (RPA § 711(2)) There is no state-mandated notice you have to use. You just need to give them a 14-day written notice signed by you, stating how much they owe and that they must pay within 14 days to cure the default.
There are 3 acceptable service methods for the 14-day notice to pay rent or vacate:
- Personal Delivery: Hand it directly to the tenant.
- Substituted Service: If the tenant isn’t home, give it to a responsible person at the residence and mail a copy (certified + regular mail).
- Conspicuous Place ("Nail & Mail"): After reasonable attempts, tape it in a visible place (e.g., door) and mail a copy. (RPA § 735(1))
After the 14-day notice period ends, file the Eviction Petition with the court. Then have the Notice of Court Date served by a constable, marshal, or sheriff.
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Hi I jus want to know if I am giving the tenant the right documents. I am in New York state and I want her gone for non-payment.
I understand you're dealing with a difficult situation regarding your tenant in New York. Have you already provided the tenant with a notice for non-payment of rent?
I have an eviction notice to pay or quit — 14 days. I was going to give today.
Can you confirm if you have a written lease agreement with the tenant outlining the terms of the tenancy and the consequences for non-payment of rent?
Yes
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your eviction process.
No that is it.
Hello and welcome to the site! My name is Barrister and I am a licensed attorney. I’ve read your post and I’m sorry you’re having to deal with this — it can definitely be frustrating.
The first step is to give the tenant a written 14-day notice to pay rent or vacate. (RPA § 711(2)) There is no state-mandated notice you have to use. You just need to give them a 14-day written notice signed by you, stating how much they owe and that they must pay within 14 days to cure the default.
There are 3 acceptable service methods for the 14-day notice to pay rent or vacate:
- Personal Delivery: Hand it directly to the tenant.
- Substituted Service: If the tenant isn’t home, give it to a responsible person at the residence and mail a copy (certified + regular mail).
- Conspicuous Place ("Nail & Mail"): After reasonable attempts, tape it in a visible place (e.g., door) and mail a copy. (RPA § 735(1))
After the 14-day notice period ends, file the Eviction Petition with the court. Then have the Notice of Court Date served by a constable, marshal, or sheriff.
Perfect. Thanks.
Then after 14 days what do I do with the affidavit of service? And can I serve on the weekend?
Keep the affidavit of service in your records for court. Yes, you can serve on weekends.
Okay and I just fill that affidavit out if I’m the one serving?
I don’t see a notary spot — does it need to be notarized?
No notary required. It's just a sworn statement by the person who served the notice.
Ok. Is there anything else I should know? We already lost in court. Don’t want to lose again. We didn’t have the right paperwork. We provided a 30-day notice and didn’t have good cause.
Just follow the proper legal process described above.
To serve the court documents? I shouldn’t get someone else to serve it?
Correct. You can’t serve the lawsuit yourself. The notice you can serve yourself, but not the legal filing. Use a licensed process server, constable, marshal, sheriff, or any adult not part of the case. I prefer law enforcement — it's more credible and can intimidate the tenant into possibly leaving.
Got it, makes sense. As long as I have the 14-day and the affidavit, I should be fine. All other court documents were from court. And the affidavit — it has to be dated after the 14 days?
The date at the top of the affidavit is the date you delivered the notice.
And if there are 2 tenants on lease but only one receives it, what do I put on the recipient line? Or what if someone else opens the door — do I put just her name?
Two tenants = Two notices. The safest thing is to serve each tenant their own notice. You can name both tenants on one lawsuit later, but serve them separately.
Wait — so I need to bring 2 separate notices? Even if both names are on one?
Yes. It’s best to give each tenant their own 14-day notice. That way you avoid issues in court.
Okay, makes sense. I can serve them both at the same time, right? Both documents together? I think the tenant’s daughter will open the door and grab the papers, not one of them. Do I need to get the name of the person I am giving it to? The affidavit asks who is the recipient.
Yes, you can serve both at the same time or post them together and take a picture. If you give the documents to someone else, ask their name. If they won’t give it, take a picture of them or just post the notices on the door.
Hope this clears things up. Feel free to reach out again anytime. Take care and good luck!
