What is the difference between a 10-day, 30-day and 90-day eviction?
What is a notice to cure?
Answer
Landlord-tenant laws are complex and rely upon a number of facts including whether the lease is for a residential, a commercial property or a motorhome, the length of the lease and if New York City rent laws apply. Seniors and disabled persons are covered by special rules.
Real Property Law Section 226-c (2) gives the time required to provide notice of non-renewal of a lease to a residential tenant. As of May 2024, depending upon the length of the tenancy, notice can vary from to 30 to 90 days.
The 10-Day Notice to Cure or Vacate often occurs in holdover proceedings when a tenant has violated a lease. The notice to cure gives the tenant ten days to correct the problem.
- In rent-regulated tenancies 10-day notice of cure is required by 9 NYCRR § 2204.2(a) and 9 NYCRR § 2524.3(a)
Materials in public access law libraries that should be reviewed include:
- Westlaw Practical Law. Eviction Procedures for Rent-Stabilized Units (NY)
- Westlaw Practical Law. Landlord's Rights and Remedies (Commercial Lease)
- Westlaw Practical Law. Summary Proceeding to Recover Possession of Commercial Real Property (Evictions) (NY)
- Westlaw Practical Law. Summary Proceeding to Recover Possession of Residential Real Property (Evictions) (NY)
- Westlaw Practical Law. Tenant's Rights and Remedies (Commercial Lease) (NY)
Practical Law resources also include documents and checklists.