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New York is one of the most tenant-protective states in the country, and its non-payment eviction process reflects that. Before you can file a non-payment proceeding, you must serve a written 14-day notice to pay rent or quit — not 3 days, not 5 days. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) changed the period from 3 days to 14 days, and many landlords — particularly those who moved from other states — don't know this yet. A notice using the old 3-day period is automatically defective and will be dismissed.
Before you can even serve the notice, New York imposes a waiting period: you cannot serve the 14-day rent demand until at least 5 days after the rent was due and unpaid. This is a statutory protection under RPAPL, not just a lease term.
If rent is due on the 1st and you serve the notice on the 2nd, the notice is premature and defective. Earliest you can serve: the 6th of the month.
Under RPAPL § 711(2), a valid New York 14-day notice must state:
The notice must demand the exact amount owed — not a rounded figure, not an estimate. If the amount is wrong, the notice is defective.
New York's Good Cause Eviction Law (RPL § 216), effective April 2024, applies to most residential rental units statewide. For covered units, landlords must have good cause to evict — non-payment of rent qualifies, but the notice must not be pretextual.
More practically: if your property is covered by Good Cause and you've served a rent increase of more than 10% (or 5% + CPI), the tenant may challenge the eviction as retaliatory. NoticeGen checks Good Cause coverage for your property address.
NYC properties have additional protections under rent stabilization and rent control — if your unit is regulated, additional DHCR requirements may apply before you can file.
New York's service rules are strict — and in NYC, there's an additional rule: the landlord cannot personally serve eviction papers. Service must be performed by someone 18 or older who is not a party to the case.
Permitted methods under RPAPL § 735:
After nail-and-mail service, you must file an affidavit of service with the court before proceeding. NoticeGen's proof of service affidavit is pre-formatted for New York's requirements.
New York counts calendar days. If you serve the notice on June 1, the tenant's deadline is June 15 (14 days later). If the last day falls on a Sunday or legal holiday, it extends to the next business day.
If the tenant pays in full within the 14-day period, the eviction ends. You must accept full payment.
If the tenant does not pay, you may file a non-payment petition in Housing Court (NYC) or the local City/Town/Village Court (outside NYC). You'll need the original notice and your affidavit of service at filing.
You may reserve the right to reject partial payment by stating so in the notice. If you accept partial payment without reservation, you may be deemed to have waived the full demand. Include language in your notice stating partial payments will not cure the default.
No mandatory state form exists, but the notice must meet all RPAPL § 711(2) requirements. NoticeGen generates a compliant notice with all required elements.
NYC has a dedicated Housing Court. Outside NYC, non-payment cases are filed in the local City, Town, Village, or District Court. The notice requirements are the same statewide, but court procedures differ.
NoticeGen validates RPAPL § 711(2) compliance, applies the 5-day wait rule, checks Good Cause Eviction coverage, and formats the proof of service affidavit for New York's service requirements.
Single notice from $7 · NYC rules applied · Full PDF package
Not legal advice. New York eviction law is complex — consult an attorney for contested cases.