📋 New York 3-Day Notice to Quit for Nonpayment
Non-Regulated NYC Properties & All Upstate NY Rentals
⚠️ CRITICAL: For Non-Regulated Properties ONLY
Use this 3-day notice for:
- Non-rent-stabilized NYC apartments
- Non-rent-controlled NYC apartments
- ALL rental properties outside NYC (upstate NY)
- Market-rate apartments in NYC
DO NOT use this form for rent-stabilized or rent-controlled NYC apartments – they require a 14-day notice instead. Using the wrong notice type will result in your eviction case being dismissed.
📌 When to Use This Form
Use this 3-day notice when:
- Tenant has not paid rent on time
- Property is NOT rent-stabilized or rent-controlled
- You are preparing to file a nonpayment petition in court
- At least 3 days remain before you plan to file the lawsuit
✅ You Can Include Late Fees (If in Lease)
Unlike rent-stabilized properties, non-regulated properties CAN include late fees in the amount due, provided:
- Late fees are specified in the written lease
- Late fee amount is reasonable (typically 5-10% of monthly rent)
- Late fee clause complies with NY law
📝 Notice Information
Today’s date when you prepare this notice
This affects court venue and some procedural requirements
Tenant Information
Include ALL names exactly as they appear on the lease
Rent Details
List all months for which rent has not been paid
📅 Important: Rent Must Already Be Due
You can only demand rent that is already past due. You cannot serve this notice demanding future rent that hasn’t come due yet.
Late Fees & Additional Charges (Optional)
This is the total amount tenant must pay to cure the default
Payment Information
Landlord/Agent Information
📚 Complete Guide to NY 3-Day Nonpayment Notices
Understanding New York’s 3-Day Demand Requirement
New York law requires landlords to give tenants formal written notice demanding rent payment before filing an eviction lawsuit for nonpayment. For non-rent-regulated properties (market-rate NYC apartments and all upstate rentals), this notice period is 3 days.
This notice serves three critical legal purposes:
- Formal demand: Provides official notice of the exact amount owed and gives tenant opportunity to pay without court involvement
- Jurisdictional prerequisite: Courts cannot hear nonpayment cases unless proper notice was served first – it’s a mandatory requirement
- Calculation starting point: The 3-day period begins when notice is properly served, not when rent was due
3-Day vs. 14-Day: Which Notice to Use
| Property Type | Notice Period | Can Include Late Fees? | Where to File |
|---|---|---|---|
| NYC Rent Stabilized | 14 days | ❌ No | NYC Housing Court |
| NYC Rent Controlled | 14 days | ❌ No | NYC Housing Court |
| NYC Market Rate | 3 days | ✅ Yes (if in lease) | NYC Housing Court |
| Upstate NY (All) | 3 days | ✅ Yes (if in lease) | City/Town/Village Court |
| Section 8 (market rate unit) | 3 days | ⚠️ Check HUD rules | Depends on location |
🚨 How to Verify Regulation Status
NYC Properties: Check DHCR’s online rent registration database at portal.hcr.ny.gov. If the building/unit is registered, it’s rent-stabilized and requires 14-day notice.
Not sure? Look at the lease. Rent-stabilized leases must include a rent stabilization rider. If there’s no rider and no DHCR registration, the apartment is likely market-rate and requires 3-day notice.
Upstate: Almost no rent stabilization exists outside NYC. Use 3-day notice for all upstate properties except extremely rare Mitchell-Lama or other government-subsidized housing.
Step-by-Step: Proper Service of 3-Day Demand
Calculate Amount Due Accurately
Base Rent: Include all unpaid monthly rent amounts. List each specific month owed.
Late Fees: You CAN include late fees IF your written lease specifies the late fee amount/percentage and when it applies. Don’t include late fees if your lease doesn’t mention them – the court will reduce your judgment.
Other Charges: Utilities (if lease requires tenant to pay), NSF fees (if in lease), and other tenant-responsible charges can be included if documented in the lease.
What NOT to include: Property damage, attorney fees (added later by court), or future rent not yet due.
Complete the Notice With Perfect Accuracy
Every detail must be correct. Courts scrutinize these notices and will dismiss cases with errors:
- Exact tenant names (all lease holders)
- Correct property address including apartment number
- Precise rent amount and months owed
- Accurate total (math errors = dismissal)
- Clear payment instructions
Serve the Notice Using Proper Method
Method 1 – Personal Service (Most Reliable): Hand the notice directly to the tenant. Have the server note the date, time, location, and tenant’s physical description. Get acknowledgment if possible, but refusal doesn’t invalidate service.
Method 2 – Substituted Service: After attempting personal service, deliver to someone of “suitable age and discretion” at the tenant’s residence (household member, roommate) AND mail a copy to tenant. Both steps required.
Method 3 – Conspicuous Place Service: If personal and substituted service fail, affix notice securely to the door (tape all corners) AND mail first-class copy to tenant.
Never serve by mail alone – this is insufficient under NY law and will result in dismissal.
Wait Full 3 Days (Properly Counted)
How to count: Start counting the day AFTER service. Do NOT count the day of service. Do NOT count Sundays or legal holidays.
Example 1: Notice served Monday, January 2nd. Day 1 = Tuesday (Jan 3). Day 2 = Wednesday (Jan 4). Day 3 = Thursday (Jan 5). Can file lawsuit on Friday, January 6th.
Example 2: Notice served Friday, January 6th. Day 1 = Saturday (Jan 7). Day 2 = Monday (Jan 9) [skip Sunday]. Day 3 = Tuesday (Jan 10). Can file Wednesday, January 11th.
Filing early = automatic dismissal. When in doubt, wait an extra day.
Prepare Proof of Service Affidavit
The person who served the notice (cannot be you, the landlord) must sign a sworn Affidavit of Service stating:
- Date, time, and location of service
- Method of service used
- Physical description of person served
- Copy of the notice attached to affidavit
Without this affidavit, you cannot file your lawsuit. Many landlords hire professional process servers ($75-$150) who know how to properly serve and document service.
File Nonpayment Petition (If Rent Not Paid)
NYC: File in the Housing Court for the borough where the property is located. Bring the original 3-day demand, proof of service affidavit, lease, rent ledger, and filing fee ($45).
Upstate: File in the City, Town, or Village Court where the property is located. Requirements and fees vary by court. Call ahead to confirm what documents are needed.
Most landlords hire attorneys for this step, especially in NYC where procedures are complex and tenants often have free legal representation.
Common Mistakes That Destroy Your Case
❌ Top 12 Fatal Errors
- Using 14-day notice for market-rate apartment: If unit isn’t rent-stabilized, you need 3 days, not 14. Wrong notice = dismissal.
- Serving notice before rent is due: January rent is due February 1st. You can’t serve notice on January 15th demanding February’s rent.
- Mathematical errors in amount due: If monthly rent is $2,000 and 2 months are owed, total must be exactly $4,000. Any mistake creates tenant defense.
- Including late fees not in the lease: Can only demand what the lease allows. If lease doesn’t mention late fees, don’t include them.
- Service by mail alone: Mailing notice without personal, substituted, or conspicuous place service is invalid.
- Filing lawsuit before 3 days expire: Counting error is the most common mistake. Use a calendar and count carefully.
- Counting Sundays and holidays: These don’t count toward the 3-day period. Many landlords file too early because they counted Sunday.
- Wrong tenant names on notice: Names must match lease exactly. Missing a roommate invalidates notice.
- Accepting partial payment after serving notice: Taking any money after service may waive the notice. Don’t accept payment without attorney advice.
- No proof of service affidavit: Server must complete sworn affidavit. Without it, court cannot proceed.
- Landlord serving own notice: Landlord or landlord’s employee cannot serve the notice. Must use independent person (process server, sheriff, or disinterested adult).
- Demanding attorney fees in the notice: Attorney fees are added by the court after judgment. Don’t include them in the 3-day demand amount.
What Happens After Serving the Notice
Scenario 1 – Tenant Pays Within 3 Days: If tenant pays the full amount demanded (including late fees and other charges if you included them), you must accept payment and cannot proceed with eviction for nonpayment. The notice is satisfied. You can still pursue eviction for other lease violations if they exist.
Scenario 2 – Tenant Pays Partial Amount: You have three options:
- Reject the partial payment and proceed with eviction for the full amount
- Accept partial payment as a down payment and negotiate a payment plan for the balance
- Accept the partial payment, which typically waives the notice and requires you to serve a new notice for the remaining balance
Consult an attorney before accepting partial payment. In some courts, accepting any payment after serving the notice waives the notice entirely.
Scenario 3 – Tenant Doesn’t Pay: After 3 days, file your Nonpayment Petition. The court schedules a hearing within 10-20 days typically. Bring:
- Original 3-day demand
- Proof of service affidavit
- Lease agreement
- Rent ledger showing payment history
- Any correspondence with tenant about the debt
Scenario 4 – Tenant Claims They Paid: If tenant claims they paid but you have no record, this becomes a factual dispute for the court. Your rent ledger is critical evidence. Courts heavily favor landlords who maintain detailed records showing:
- Date of each payment received
- Amount of each payment
- Payment method (check number, money order, cash)
- Which month/period each payment applied to
- Running balance owed
NYC Housing Court vs. Upstate Courts
| Factor | NYC Housing Court | Upstate Courts |
|---|---|---|
| Court Type | Specialized Housing Court (5 boroughs) | City/Town/Village Justice Court |
| Tenant Legal Aid | Right to counsel – most tenants get free attorneys | Limited legal aid, most tenants unrepresented |
| Landlord Attorney | Strongly recommended (95% of landlords have lawyers) | Optional (many landlords represent themselves) |
| Case Timeline | 60-120 days (often longer if contested) | 30-60 days typically |
| Settlement Pressure | Very high – judges encourage payment plans | Moderate – varies by judge |
| Procedural Complexity | High – strict rules, frequent dismissals for errors | Moderate – more forgiving of minor errors |
| Filing Fee | ~$45 | $15-$35 (varies by court) |
| Marshal/Sheriff Fee | $200-$500+ for eviction | $50-$200 for eviction |
Late Fees: What You Can and Cannot Charge
New York law doesn’t set a specific maximum late fee, but courts apply a “reasonableness” test. Here’s what courts generally accept:
✅ Acceptable Late Fee Provisions
- 5% of monthly rent: Almost always upheld as reasonable
- 10% of monthly rent: Usually upheld if clearly stated in lease
- Flat fee ($50-$100): Acceptable for most residential leases
- Grace period before late fee applies: Common practice (5-day grace period)
- Clearly written in lease: Specific amount or percentage, when it applies, how calculated
❌ Late Fees Courts Often Reject
- Above 10-15% of monthly rent: Considered punitive rather than compensatory
- Compounding late fees: Late fee on the late fee usually rejected
- Not mentioned in lease: Can’t add late fees after the fact
- Vague lease language: “Reasonable late fee” without specifics often rejected
- Rent-stabilized properties: Late fees cannot be included in nonpayment proceedings
Tenant Defenses You’ll Face in Court
Understanding common defenses helps you prevent them or prepare counter-evidence:
| Defense | What It Means | How to Defeat It |
|---|---|---|
| Breach of Warranty of Habitability | Apartment has serious defects affecting livability (no heat, water leaks, pest infestation). Tenant entitled to rent reduction. | Maintain property properly. Respond quickly to repair requests (24-48 hours). Document all repairs with photos, invoices, work orders. |
| Rent Already Paid | Tenant claims they paid and provides evidence (canceled check, money order receipt, bank statement). | Maintain detailed rent ledger. Provide receipts for all payments. Reconcile ledger monthly. Never claim nonpayment without checking records. |
| Improper Notice | Notice not served properly, has errors, wrong amount, wrong address, etc. | Follow service rules precisely. Double-check all math and information. Use process server who knows procedure. |
| Retaliation | Eviction attempt within 6 months of tenant complaint to building department or rent withholding. | Never evict in retaliation. Wait 6+ months after complaint. Document legitimate business reasons for eviction. |
| Unconscionable Late Fees | Late fees are excessive or not properly disclosed in lease. | Keep late fees reasonable (5-10% of rent). Clearly state in lease. Don’t add late fees retroactively. |
| Landlord’s Breach of Lease | Landlord violated lease terms (didn’t provide service, locked tenant out, etc.). | Comply with all lease obligations. Never self-help eviction. Maintain services promised in lease. |
| Payment Plan Existed | Landlord and tenant had verbal or written agreement for delayed/partial payment. | Get all payment plans in writing. Don’t make informal deals. Follow written agreements strictly. |
Cost Analysis: Is Eviction Worth It?
💰 Typical NYC Eviction Costs
- Attorney fees: $1,500-$5,000 (higher if contested)
- Court filing fee: $45
- Process server: $75-$200 (serving notice and court papers)
- Marshal fee: $200-$500+ for physical eviction
- Lost rent during process: 2-4 months typically ($4,000-$12,000 for $2,000/month apartment)
- Storage/disposal: $500-$2,000 if tenant leaves belongings
- Turnover costs: $3,000-$10,000+ (cleaning, painting, repairs, vacancy)
- TOTAL RANGE: $9,000-$30,000+
💰 Typical Upstate NY Eviction Costs
- Attorney fees: $750-$2,500 (optional – many landlords self-represent)
- Court filing fee: $15-$35
- Process server: $50-$150
- Sheriff fee: $50-$200 for eviction
- Lost rent during process: 1-2 months ($800-$2,400 for $1,200/month apartment)
- Turnover costs: $1,500-$5,000
- TOTAL RANGE: $3,000-$10,000+
Better Alternatives to Full Eviction
Before spending thousands on eviction, try these often-successful alternatives:
💡 Options That Avoid Court
- Written Payment Plan: Many tenants can pay if given time. A written plan with weekly/bi-weekly payments often preserves the tenancy and ensures you get paid. Include late fee waiver as incentive for compliance.
- Emergency Rent Assistance: Direct tenant to DSS, HRA (NYC), or local nonprofit agencies that provide emergency rent assistance. Many programs pay landlords directly for tenant arrears.
- Cash-for-Keys Agreement: Offer tenant $500-$2,000 to vacate by specific date. Get unit back in 2 weeks instead of 3-4 months. Often cheaper than eviction.
- Reduced Settlement: Accept 50-75% of debt in exchange for immediate vacancy. Forgive some rent to avoid months of litigation and lost rent.
- Mediation: Courts offer free mediation. Neutral mediator helps negotiate agreements both parties can live with. Very high success rate.
- Lease Termination by Agreement: Both parties sign agreement ending lease on specific date. Tenant avoids eviction record, you get unit back without court.
When to Hire an Attorney
NYC – Strongly Recommended for All Cases:
- 95% of NYC tenants in Housing Court have free attorneys (Right to Counsel law)
- You’ll be severely disadvantaged representing yourself against a lawyer
- Housing Court judges are strict about procedure – one small error = dismissal
- Attorney fees ($1,500-$5,000) often save money by getting faster resolution
- Habitability defenses are complex and require legal knowledge to overcome
Upstate – Hire Attorney If:
- Amount owed exceeds $3,000-$5,000 (makes attorney cost worthwhile)
- Tenant has an attorney (even legal aid attorneys)
- There are habitability issues or lease disputes
- You’ve never done an eviction before
- Property is in a city with tenant-friendly judges
Self-Representation Works When:
- Simple nonpayment case with no defenses
- Tenant is unrepresented
- You’ve maintained property well
- You have perfect documentation (rent ledger, lease, service proof)
- Small claims court for low amounts (under $3,000)
⚖️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. New York landlord-tenant law is complex and varies by location. Errors in notice content, service method, or timing can result in case dismissal and penalties.
Using the wrong notice type is the most common error. Rent-stabilized properties require 14-day notice, not 3 days. Verify regulation status before serving any notice. Check DHCR’s database for NYC properties. When in doubt, consult an attorney.
Service requirements are strictly enforced. Improper service results in automatic dismissal. Don’t serve the notice yourself – use a process server or disinterested adult. Don’t count Sundays or holidays in the 3-day period. When uncertain, wait an extra day before filing.
We strongly recommend consulting a qualified New York landlord-tenant attorney before pursuing any eviction, especially in NYC where procedures are complex and tenants have free legal representation. Attorney consultation costs $200-$500 and can save you thousands in wasted fees and lost time from dismissed cases.
