Before you start a holdover case, there are certain notices that you must first give the tenant(s) or occupant(s) you are trying to evict. These are called predicate notices.
- 10 Day Notice to Cure — This notice applies in cases to evict the tenant for violating the lease. It tells the tenant how he or she is violating the lease and the date by which he or she must correct or “cure” the violation. This date must be at least ten days from when the tenant is served the notice. If the tenant does not correct the violation by the deadline in the notice, you can serve the notice of termination. Whether a notice to cure is required depends on whether the lease or rental agreement requires it. The notice to cure is not required when the tenant willfully violated a substantial lease obligation, causing you substantial injury or damage, and the violation occurred within three months of when you start the holdover case.
- 10 day Notice to Quit — This notice applies if the occupant you are evicting is your licensee or a squatter. This notice must clearly state the reason for the eviction. If the occupant is a licensee, you have the right to withdraw your permission for your licensee to remain in the apartment, and then evict your licensee for this reason. Similarly, landlords have the right to evict squatters because squatters do not have permission to stay in the apartment. The Notice to Quit tells the occupant being evicted that if he or she remains in the apartment after the stated date in the notice, he or she may be brought to court in a holdover case. This date must be at least ten days from when you serve the notice; you cannot start a holdover case until after the stated date in the notice.
- 30 day Notice of Termination — This notice applies if you have an oral rental agreement with the tenant you are evicting, such as a month-to-month rental agreement, and you choose not to renew the rental agreement. (A rental agreement will be implied, even where there is no lease, if you have collected rent from your tenant.) This notice also applies if you are trying to evict a tenant with an active or unexpired lease in a non-rent stabilized apartment for violating the lease. It must state the reason for terminating the tenancy or rental agreement, and tells the occupant being evicted that if he or she remains in the apartment after the date in the notice, he or she may be brought to court in a holdover case. This date is called the date of termination, and for month-to-month rental agreements, it must coincide with the end of the rental term. For example, if the rental term ends at the end of the month, then the termination date must also be the last day of the month. This notice must be served at least 30 days before the termination date; you cannot start a holdover case until after that date.
Note: Notices for tenants in rent regulated apartments or with government subsidies might be different. Go to the Help Center in Housing Court for more information.