New York Non-Payment of Rent Notice Overview
New York requires a 14-day notice demanding payment of rent under RPL §711(2) before a landlord can file a non-payment proceeding. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) established this requirement and added numerous tenant protections. New York's eviction process, particularly in New York City, is one of the most complex and tenant-protective in the nation.
In New York City, non-payment cases are filed in Housing Court, which has dedicated judges, mandatory mediation, and a right to counsel program for income-eligible tenants. Outside NYC, cases are filed in City Court, Town Court, or Village Court. The NYC eviction process can take 3-6 months or longer due to court volume and tenant protections. Upstate New York courts generally process faster.
14 Days
Notice period
$45
Avg. filing fee
Yes, very strong protections
Right to cure
6-16 wks
Court process
New York's 14-Day Notice Requirement
Under RPL §711(2) / RPAPL §711, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 14 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
New York's Housing Stability and Tenant Protection Act of 2019 (HSTPA) dramatically strengthened tenant protections. The 14-day notice period was established by this law. New York caps late fees at $50 or 5% of rent (whichever is less). NYC has dedicated Housing Courts with extensive tenant protections, mandatory right to counsel for low-income tenants, and a strong anti-eviction posture.
New York HSTPA: Dramatically Strengthened Tenant Protections
The Housing Stability and Tenant Protection Act of 2019 (HSTPA) transformed New York eviction law: (1) mandatory 14-day notice for non-payment; (2) late fees capped at $50 or 5% of rent; (3) tenants in NYC have a right to free legal counsel if income-eligible; (4) eviction records cannot be used against tenants in future applications if the case was dismissed or decided in their favor. NYC Housing Court is one of the most tenant-protective courts in the country.
New York Legal Requirements (RPL §711)
For the notice to be valid under New York law, it must meet specific requirements established by statute and interpreted by New York courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under New York law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 14 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
New York Grace Period & Late Fee Rules
No statewide grace period. NYC has additional protections. Understanding New York's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
Late fees capped at $50 or 5% of rent (whichever is less) under HSTPA 2019. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with New York law.
New York Late Fee Quick Reference
Grace Period
No statewide grace period.
Late Fee Rule
Late fees capped at $50 or 5% of rent (whichever is less) under HSTPA 2019.
Partial Payment
Acceptance creates complications. Courts heavily favor tenants.
Right to Cure
Yes, very strong protections.
How to Serve a Non-Payment Notice in New York
New York law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. New York courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by New York courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in New York Housing Court or City Court. Include the original notice and proof of service with your filing.
New York Non-Payment Eviction Timeline
The New York eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 14-Day Demand for Rent | Day 1 |
| Demand period expires | Day 15 |
| File non-payment petition in Housing/City Court | Day 15-20 |
| Notice of petition served (10-17 days before hearing) | Day 20-30 |
| First court appearance / conference | Day 30-45 |
| Trial (if not settled/adjourned) | Day 45-90 |
| Warrant of eviction (14 days after judgment) | Day 60-110 |
Total estimated time: 6-16 weeks. NYC Housing Court cases average 3-6 months. Upstate courts are faster (4-8 weeks). Tenant right to counsel significantly affects NYC timelines.
New York Eviction Filing Fees & Costs
Filing fees for eviction actions in New York vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| Housing Court or City Court Filing Fee | $45 - $200 |
| Service of Process | $30 - $80 |
| Writ of Possession/Restitution | $25 - $75 |
| Attorney Fees (if hired) | $1,500 - $5,000 |
| Appeal (if needed) | $300 - $500 |
Sample New York 14-Day Non-Payment Notice
Below is a preview of our New York-specific non-payment notice. The final document includes all statutory language required under RPL §711(2) / RPAPL §711 and is formatted for New York court proceedings.
FOURTEEN (14) DAY DEMAND FOR RENT
STATE OF NEW YORK
Pursuant to RPL §711(2) and RPAPL §711
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full New York Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
NEW YORK STATUTORY NOTICE:
DEMAND IS HEREBY MADE for payment of rent in the amount of $[Amount] for the premises described above within FOURTEEN (14) DAYS of service. Under New York law, late fees cannot exceed $50 or 5% of monthly rent (whichever is less). If you fail to pay within 14 days, the landlord will commence a non-payment proceeding. You may be entitled to free legal representation—contact your local legal services organization.