New York 90-Day Notice to Vacate

New York's notice period isn't one number — it's three

Unlike states that use a single flat notice period regardless of how long the tenant has lived there, New York Real Property Law § 226-c sets the required notice period based on occupancy length or lease term, whichever is longer:

• Under 1 year: 30 days' notice (RPL § 226-c(2)(b))
• 1 year to under 2 years: 60 days' notice (RPL § 226-c(2)(c))
• 2 years or more: 90 days' notice (RPL § 226-c(2)(d)) — the tier covered on this page

Picking the wrong tier — for example, sending a 30-day notice to a tenant who has actually lived in the unit for 2+ years — produces a notice period that's legally too short, which can get an eviction case dismissed outright.

How the 90-day count works

As with the 14-day rent demand, the day of service doesn't count, all calendar days count toward the 90, and if the resulting deadline lands on a weekend or public holiday it rolls forward to the next business day under General Construction Law §§ 20 and 25-a.

Good Cause Eviction disclosure

As with New York's other notice-to-vacate tiers, the 2024 Good Cause Eviction Law (RPL § 231-c) may require a separate disclosure about the tenancy's Good Cause coverage, at minimum in New York City and a growing list of municipalities that have opted in. Confirm this before relying on the notice alone.