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. 

  • Last Updated May 08, 2024
  • Views 12
  • Answered By Librarian 5

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