New York Eviction Overview: 14-Day Rent Demand, Not 3-Day
No 3-Day Eviction Notice in New York
New York requires a minimum 14-day written rent demand for non-payment proceedings under RPL §711(2). The 2019 Housing Stability and Tenant Protection Act (HSTPA) codified this requirement statewide. A 3-day notice is legally insufficient in New York and will result in dismissal of the eviction case. NYC has additional requirements under Housing Court rules.
New York is among the most tenant-protective states in the nation. The eviction process is governed by Real Property Law (RPL) §711 for non-payment proceedings and RPL §713 for holdover proceedings, supplemented by the HSTPA and, in New York City, by the Rent Stabilization Code and Housing Court procedures. The state does not permit 3-day notices for any eviction purpose.
New York City's Housing Court handles the largest volume of eviction cases in the state, with separate courts in each borough. Upstate New York uses city courts, town courts, and village courts depending on the property's location. The substantive law is the same statewide since the HSTPA, but local court procedures and timelines vary significantly between NYC and upstate jurisdictions. NYC cases typically take far longer due to court backlogs and the availability of tenant legal services.
14 Days
Rent demand period
$45-$300
Filing fees
Written
Demand required
2-6 mo
Typical NYC timeline
14-Day Rent Demand Under RPL §711
The 14-day rent demand is the first mandatory step in any New York non-payment eviction. Without it, a landlord cannot file a non-payment petition. The demand must comply with both RPL §711 and HSTPA requirements, and in NYC, with Housing Court procedural rules.
NYC vs. Upstate Differences
While the 14-day minimum applies statewide, NYC Housing Court has additional procedural requirements. Rent-stabilized tenants have extra protections through DHCR regulations. NYC also enacted the "Good Cause Eviction" law with additional tenant protections. Upstate courts generally follow state law without these additional layers.
Required Rent Demand Elements
- Written Format: The demand must be in writing. Oral demands are insufficient under New York law
- Exact Rent Amount: State only the actual past-due rent. Do not include late fees (capped at $50 or 5%) or other charges
- 14-Day Period: The tenant must be given a minimum of 14 days from service to pay the rent in full
- Tenant and Property Info: Full names of all tenants and the complete address of the rental unit
- Payment Instructions: Information on where and how the tenant can pay the rent owed
- Proper Service: Must be served by personal delivery, substituted service, or conspicuous posting with mailing
Service Requirements in New York
New York's service requirements for rent demands are more detailed than many states. The RPAPL (Real Property Actions and Proceedings Law) specifies acceptable methods, and courts strictly enforce these requirements.
Personal Service
Hand the rent demand directly to the tenant. This is the strongest method and starts the 14-day clock on the date of delivery.
Substituted Service
If the tenant is not home, deliver to a person of suitable age and discretion at the premises AND mail a copy to the tenant. Both steps are required.
Conspicuous Place Service
As a last resort, affix the demand to the door of the premises in a conspicuous manner AND mail a copy. This "nail and mail" method is common in NYC.
Wait 14 Days, Then File Petition
After the full 14-day period expires without payment, file a non-payment petition (in NYC Housing Court or the appropriate local court upstate).
New York Eviction Timeline
New York's eviction timeline is among the longest in the nation, particularly in New York City. After the 14-day rent demand expires, the landlord files a non-payment petition. The court then issues a notice of petition, which must be served on the tenant at least 10 days before the hearing date (5 days with personal service).
In NYC Housing Court, initial hearings are typically scheduled 2-6 weeks after filing. Cases frequently involve multiple adjournments, stipulation agreements, and referrals to tenant legal services. If the landlord ultimately obtains a judgment, the warrant of eviction must be served on the tenant, who then gets a minimum 14-day stay before the marshal can execute the eviction.
Upstate courts are generally faster, with hearings often within 2-3 weeks and fewer adjournments. However, the 14-day rent demand and 14-day post-warrant stay still apply. Total time from rent demand to lockout in NYC: 2-6 months (uncontested) or 6-12+ months (contested). Upstate: 6-12 weeks (uncontested) or 3-6 months (contested).
New York Court Fees & Costs
Court fees vary significantly between NYC Housing Court and upstate courts.
| Fee / Cost | Typical Amount |
|---|---|
| NYC Housing Court Filing | $45 (index number) |
| Upstate Court Filing | $25 - $300 |
| Process Server / Marshal | $50 - $150 |
| Marshal Eviction Fee (NYC) | $140+ |
| Attorney Fees (strongly recommended) | $1,500 - $5,000+ (NYC) |
Sample New York 14-Day Rent Demand
Since New York requires a 14-day rent demand (not a 3-day notice), here is the correct format.
FOURTEEN-DAY RENT DEMAND
STATE OF NEW YORK
Pursuant to RPL §711(2) and HSTPA
TO TENANT(S):
Name: [Full Legal Name]
Address: [NY Property Address]
DEMAND
Demand is hereby made for rent in the amount of $[Amount] for the period of [Month/Year]. You have FOURTEEN (14) DAYS from service of this demand to pay the full amount. Failure to pay will result in the commencement of a non-payment proceeding.