NYC Housing Court Guide
Notice to Cure in NYC:
What It Is and What to Do.
A Notice to Cure is your landlord's formal warning that you've violated your lease — and that you have a limited window to fix it before they can move to terminate your tenancy. Understanding it quickly is critical.
This guide is for informational purposes only and is not legal advice. Always verify your situation with a licensed attorney or official NYC resources.
What Is a Notice to Cure?
A Notice to Cure is a written notice from your landlord claiming you've violated a term of your lease. It names the alleged violation and gives you a deadline — usually 10 days — to "cure" it (meaning: fix it, stop doing it, or come into compliance).
If you cure the violation in time, the matter ends there. If you don't, your landlord can serve a second notice — a Notice of Termination — which begins the formal process to end your tenancy and, eventually, file a holdover case in Housing Court.
Common Violations That Trigger a Notice to Cure
- Unauthorized occupants — someone living in the apartment who isn't on the lease and wasn't approved
- Unauthorized subletting — renting your apartment (or a room) to someone without the landlord's written permission
- Pets in a no-pets building — though NYC's "pet law" may protect you if the pet has been openly kept for 3+ months
- Property damage — damage to the unit, common areas, or building systems beyond normal wear and tear
- Nuisance behavior — excessive noise, illegal activity, or conduct that disturbs other tenants
- Unauthorized alterations — making changes to the apartment (installing fixtures, removing walls) without permission
- Commercial use — running a business out of a residential unit in violation of your lease
The Timeline: What Happens Step by Step
Step 1 — Notice to Cure
Your landlord serves the notice. The clock starts from the date of service (not when you read it). You typically have 10 days to cure the violation.
Step 2 — Notice of Termination (if not cured)
If you don't cure in time, your landlord can serve a Notice of Termination. This formally ends your tenancy — but you still don't have to leave immediately.
Step 3 — Holdover Case in Housing Court
If you remain after the termination date, your landlord can file a holdover case in Housing Court. You'll receive court papers and a hearing date. You have the right to contest the case.
Step 4 — Court Hearing and Decision
A judge hears the case. If the landlord wins, a warrant of eviction is issued. Only then can a marshal carry out an eviction. This entire process typically takes months.
How to Respond
- Read the notice the same day. The cure period may already be running. Identify the alleged violation and the deadline.
- Decide if the violation is real. Is the allegation accurate? Does your lease actually prohibit this? If not, document your position carefully.
- Fix it if you can — and document it. If the violation is legitimate and fixable, cure it before the deadline. Take photos, get written confirmation, keep receipts.
- Notify your landlord in writing. Send an email or certified letter confirming the cure. Don't just fix it — create a paper trail.
- Don't ignore it. Even if you think the notice is unfair or wrong, silence doesn't help you. Respond in writing and document everything.
Protections Specific to NYC Tenants
- Rent-stabilized tenants have additional protections and longer cure rights in some cases. Check your lease and the NYC Rent Guidelines Board.
- The "pet law" (NYC Admin Code § 27-2009.1) says if your landlord knew about your pet and didn't object within 90 days, they may have waived the no-pets clause.
- Retaliation protection: If you recently complained about repairs or contacted a government agency, a Notice to Cure issued shortly after may constitute illegal retaliation.
- NYC requires proper service of the notice. If it wasn't delivered correctly (e.g., under the door alone), that can be a defense.
Got a Notice to Cure and not sure what to do?
Talk through it with VERA — it's free →Frequently Asked Questions
What is a Notice to Cure in NYC?
It's a formal warning from your landlord that you've violated a lease term. It gives you a window — usually 10 days — to fix the problem before they can move to terminate your tenancy.
What violations commonly trigger a Notice to Cure?
Unauthorized occupants, subletting without permission, pets in no-pet buildings, property damage, nuisance behavior, and unauthorized alterations are the most common. Your lease defines what's allowed.
How long do I have to fix the violation?
Typically 10 days from the date the notice was served — not the date you read it. Some leases or situations allow longer periods. Don't delay.
What if I've already fixed the problem — can my landlord still evict me?
If you cure the violation within the deadline, your landlord generally cannot proceed with a holdover case based on that notice. Document your cure in writing immediately.
Can I fight a Notice to Cure if it's unfair or wrong?
Yes. If the violation is inaccurate, doesn't actually breach your lease, or the notice was improperly served, you can contest it — including in Housing Court if it escalates. Document your position in writing and consider legal help.