There is a document, located on the New York State court system's website called NEW YORK CITY LANDLORDS & OWNERS.
What do I do if the tenant is not paying me rent?
If the tenant is not paying, you can start a nonpayment case to sue the tenant for rent. In a nonpayment case you ask the court to evict the tenant if the tenant doesn’t pay.
What do I do if the home is illegal?
If the home is not legal, for example, you turned the basement into an apartment, you won't be able to get rent money back in a nonpayment case. You can start a holdover case to evict the tenant.
What do I have to do before I can start a holdover case?
Nothing if the lease has ended and you haven't taken any rent after the end of the lease. But, if the lease has not ended you must give (serve) the tenant a written notice before you can start a case. If the tenant or occupant has no lease you must give (serve) the tenant a written notice.
There are different written notices and you must give the tenant the right one. The written notices are called a Notice to Cure, a Notice to Quit, and a Notice of Termination.
My tenant never had a lease, and is supposed to pay me every week or every month, what notice do I have to serve?
A Notice of Termination. You do not serve a Notice to Cure.
What is a Notice of Termination?
A Notice of Termination is given to a tenant to end the tenancy. The notice tells the tenant: the reason, the date that the tenant must move, and that a case will be started if the tenant doesn't move by the deadline.
How much time do I have to give the tenant in the Notice of Termination?
If the tenant pays rent weekly, give the tenant at least 7 days notice to leave. If the tenant pays rent monthly, give the tenant at least 30 days notice to leave.
What do I do if the tenant tries to pay the rent after the deadline in the Notice of Termination and before I start a case?
Taking the rent cancels the Notice of Termination and restarts the tenancy. The tenant can tell this to the court and your case will be dismissed.