Free New York 3-Day Notice to Quit (Nonpayment) — Legacy/Non-Residential
LEGACY pre-HSTPA 3-day rent demand under former RPAPL §711(2). NO LONGER VALID for residential nonpayment cases – HSTPA (2019) extended the demand period to 14 days. May apply to limited non-residential or specialty contexts only.
Free New York 3-Day Notice to Quit (Nonpayment) — Legacy/Non-Residential — overview
⚠ HSTPA superseded the 3-day demand for residential cases
This 3-day notice is LEGACY law – HSTPA (effective June 14, 2019) extended the New York rent demand period to 14 DAYS for residential nonpayment cases. Serving a 3-day demand for a residential tenancy today is procedurally defective and will dismiss your case. Use the 14-day rent demand for any residential nonpayment situation. The 3-day form may still apply to limited non-residential or specialty contexts only.
A New York 3-Day Notice to Quit (Nonpayment) — Legacy/Non-Residential is a LEGACY pre-HSTPA New York 3-day rent demand. HSTPA (2019) extended the residential rent demand period to 14 days. Use the 14-day demand for any residential nonpayment case.
Complete the 3-Day Notice to Quit (Nonpayment) — Legacy/Non-Residential
Complete the form below to generate a comprehensive New York 3-Day Notice to Quit (Nonpayment) — Legacy/Non-Residential. 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New York requires 3 days – this is the pre-HSTPA period and is NO LONGER VALID for residential tenancies; current law requires 14 days. LEGACY: 3 calendar days from service. Current residential law requires 14 days. Verify whether the 3-day or 14-day demand applies to your specific situation before serving.
5. Where and How Tenant Can Pay
6. Method of Service
7. Landlord / Agent Signature
About the New York 3-Day Notice to Quit (Nonpayment) — Legacy/Non-Residential
Before the Housing Stability and Tenant Protection Act of 2019 (HSTPA), New York’s rent demand under RPAPL §711(2) was 3 days. HSTPA significantly extended the demand period to 14 days for residential nonpayment summary proceedings, effective June 14, 2019. The 3-day rent demand is NO LONGER VALID for residential nonpayment cases – serving one will result in dismissal of the nonpayment proceeding. Limited exceptions may apply: (1) certain non-residential (commercial) tenancies where the lease specifies a 3-day demand; (2) certain hotel and rooming-house contexts; (3) certain federally-regulated housing situations. For any residential nonpayment case in New York, use the 14-day demand. This form is included for historical reference and limited specialty use only. Consult counsel to determine whether the 3-day or 14-day demand applies to your specific situation.
New York Notice Framework
- Statute: pre-HSTPA RPAPL §711(2) (now superseded for residential)
- Notice period: 3 days (LEGACY – now 14 days post-HSTPA)
- NOT VALID for residential nonpayment post-HSTPA (2019)
- May still apply to certain non-residential or specialty contexts
- For residential: use the 14-day demand instead
- Consult counsel before serving this legacy form
Common Mistakes That Get Eviction Notices Dismissed
- Using this 3-day form for a residential nonpayment case (HSTPA-defective)
- Assuming the 3-day demand still applies after HSTPA
- Filing a residential nonpayment proceeding on a 3-day demand (dismissal)
- Confusing 3-day rent demand with 3-day holdover (different statute)
- Failing to distinguish residential vs commercial scenarios
- Failing to consult counsel about specific tenancy type
Service Requirements
If using this legacy form in a permissible specialty context: service per RPAPL §735 – personal delivery, substituted service on a person of suitable age at the premises plus mailing, or conspicuous-place service (posting + mailing) when other methods fail after diligent effort. Always confirm whether the 3-day or 14-day demand applies before serving.
What Happens If Tenant Pays Within the Deadline
If using in a permissible context where the 3-day period applies: tenant must pay the full rent demanded within 3 days. For any residential case, the 14-day demand applies and the cure period is 14 days.
What Happens If Tenant Does Not Pay or Vacate
If using in a permissible non-residential context: after 3 days without payment, landlord files a summary proceeding in the appropriate court. For any residential case, use the 14-day demand instead – filing on a 3-day demand will result in dismissal. NYC Housing Court strictly enforces HSTPA’s 14-day rule for residential cases.
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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. CRITICAL: For residential cases, use the 14-day demand under HSTPA-amended RPAPL §711(2). Consult a qualified New York landlord-tenant attorney before serving an eviction notice.
