Free New York 14-Day Rent Demand / Notice to Quit (Nonpayment)
New York 14-day rent demand under RPAPL §711(2) (as amended by HSTPA 2019). Required before commencing a nonpayment summary proceeding. The demand must specify the rent owed (rent only – no late fees) and the periods unpaid.
Free New York 14-Day Rent Demand / Notice to Quit (Nonpayment) — overview
⚠ HSTPA (2019) extended NY rent demand from 3 days to 14 days
Before HSTPA, New York used a 3-day rent demand under RPAPL §711(2). HSTPA (effective June 2019) extended the rent demand period to 14 DAYS for residential nonpayment cases. Serving a 3-day demand today is procedurally defective and will dismiss your nonpayment proceeding. This 14-day form generates the current law required by amended RPAPL §711(2).
A New York 14-Day Rent Demand / Notice to Quit (Nonpayment) is the current New York rent demand required by HSTPA-amended RPAPL §711(2). The 14-day demand replaced the prior 3-day demand in 2019 for residential nonpayment cases.
Complete the 14-Day Rent Demand / Notice to Quit (Nonpayment)
Complete the form below to generate a comprehensive New York 14-Day Rent Demand / Notice to Quit (Nonpayment). The notice must include the tenant’s full name, complete property address, exact amount owed, statutory deadline, and proper service. Improper notices can be dismissed by the court and force you to start over.
⚠ Procedural strict-compliance required
Courts strictly enforce notice requirements. Missing the statutory day-count, wrong amount, improper service, or omitting required language can result in dismissal of your eviction case. If you have any doubt, consult a New York landlord-tenant attorney before serving this notice.
1. Tenant Information
2. Rental Property
3. Amount of Rent Due
4. Deadline to Cure (Pay) or Quit (Vacate)
New York requires 14 days. Count 14 calendar days from the day after service. If the 14th day falls on a weekend or court holiday, the deadline rolls to the next business day. New York counts calendar days unless otherwise specified.
5. Where and How Tenant Can Pay
6. Method of Service
7. Landlord / Agent Signature
About the New York 14-Day Rent Demand / Notice to Quit (Nonpayment)
Before HSTPA (effective June 14, 2019), a New York landlord could commence a nonpayment summary proceeding after serving a 3-day rent demand under RPAPL §711(2). HSTPA extended that period to 14 days. The 14-day demand must be in writing and must specify: (1) the amount of rent owed (rent only – HSTPA prohibits including late fees or other charges in the rent demand itself), (2) the periods for which the rent is unpaid, and (3) the consequence of nonpayment (filing of a summary proceeding). Service requirements: personal service, substituted service on a person of suitable age and discretion at the premises plus mailing, or conspicuous-place service (posting + mailing) when personal/substituted service cannot be made after diligent effort. Rent-stabilized tenancies follow the same 14-day rule. If the tenant pays the full rent owed during the 14-day period, the landlord cannot proceed with the nonpayment case based on that demand. Note: NYC Housing Court is highly tenant-protective and rigorously enforces HSTPA compliance.
New York Notice Framework
- Statute: RPAPL §711(2) as amended by HSTPA (2019)
- Notice period: 14 days (extended from prior 3-day rule)
- Demand must specify rent only – no late fees in the rent demand
- Service: personal, substituted (suitable age + mailed), or conspicuous (post + mailed)
- Applies to most residential tenancies including rent-stabilized
- Required prerequisite to filing nonpayment summary proceeding
Common Mistakes That Get Eviction Notices Dismissed
- Using the old 3-day demand instead of 14 days (HSTPA-defective)
- Including late fees, attorney fees, or other charges in the rent demand
- Improper service (Housing Court strictly enforces HSTPA service rules)
- Filing the nonpayment proceeding before the 14-day period expires
- Vague rent amount or unspecified periods
- Accepting partial rent during cure period (may waive demand)
Service Requirements
NY HSTPA-compliant service: (1) personal delivery to the tenant; (2) substituted service on a person of suitable age and discretion at the premises plus mailing; or (3) conspicuous-place service (posting on the door + mailing) when personal/substituted service cannot be made after diligent effort. The affidavit of service must specify the method and diligent efforts made. Housing Court rigorously enforces service requirements.
What Happens If Tenant Pays Within the Deadline
If the tenant pays the FULL amount of rent demanded within the 14-day period, the landlord cannot proceed with the nonpayment case based on this demand. Acceptance of any rent during the cure period typically waives the right to proceed. Partial payment is generally a tenant-protective tool – landlord refusal of partial payment may preserve the demand but is contentious in Housing Court. Consult counsel before refusing payment.
What Happens If Tenant Does Not Pay or Vacate
If the tenant does not pay or vacate after 14 days, the landlord files a nonpayment summary proceeding in NYC Housing Court (or applicable county court). The case is heard on a return date typically 5-12 days after filing. The tenant may interpose defenses including: warranty of habitability breach (RPL §235-b), retaliation (RPL §223-b), rent overcharge (if rent-stabilized), succession rights, and other HSTPA-strengthened defenses. NYC Housing Court is highly tenant-protective. After judgment for the landlord, a warrant of eviction issues, executed by NYC Marshals (or county sheriff). Tenants may request a stay or hardship adjournment under CPLR §2201.
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⚖ Legal Disclaimer
This form is provided for general informational purposes only and does not constitute legal advice. Eviction is a complex legal proceeding with strict procedural requirements; improper notice or service can dismiss your case. For NY tenant resources, visit NY DHCR and (for NYC) NYC HPD. Procedural rules: RPAPL §711. Consult a qualified New York landlord-tenant attorney before serving an eviction notice.
