What notice does a landlord have to give before evicting for unpaid rent in New York?
14 days' written notice demanding the rent or possession before a nonpayment proceeding. It must include the good cause eviction law notice (RPL § 231-c).
New York requires 14 days' written notice demanding the rent or possession before a nonpayment proceeding. The notice must include the good cause eviction law notice (RPL § 231-c).
Worked example for New York
Example: A tenant has defaulted in the payment of rent, and you serve a written demand on May 1, 2026 requiring, in the alternative, payment of the rent or possession of the premises. The notice must give at least 14 days, so the period may not end before May 15, 2026, and it must include the good cause eviction law notice (RPL § 231-c).
New York timelines and limits
Notice before a nonpayment proceeding
14 days' written notice demanding the rent or possession
Good cause eviction law notice
Must be included (RPL § 231-c)
New York FAQ
How much notice does a New York landlord have to give before a nonpayment proceeding?
14 days' written notice demanding the rent or possession, under N.Y. RPAPL § 711(2).
What must the notice demand?
Payment of the rent, or possession of the premises, in the alternative.
Does the notice have to include anything else?
Yes. It must include the good cause eviction law notice (RPL § 231-c).
This is general information, not legal advice. The verified rule and official sources above control. Check the source or a local attorney for your situation.
Related New York rules
Eviction court process & timeline
A tenant or lawful occupant can be removed only through a court special proceeding. The notice of petition and petition must be served 10 to 17 days before the hearing (different timing applies to nonpayment cases under RPAPL 732). After a final judgment for the landlord, the court issues a warrant to a sheriff, marshal or constable to remove the occupants.
Filing fees for a summary eviction proceeding (issuing a notice of petition) are $45 in New York City Civil Court and in city courts outside New York City, and $20 in town and village justice courts.
Evicting an occupant of 30 days or more (or anyone with a lease) without a court warrant or order is unlawful. This includes force, cutting essential services, removing belongings or the door, disabling or changing the lock without giving a key. The owner must restore the occupant on request. It is a class A misdemeanor with a civil penalty of $1,000 to $10,000 per violation, plus up to $100 a day (for up to six months) for failing to restore the occupant. Statute text: "It shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for thirty consecutive days or longer" (RPAPL § 768(1)(a)).
A landlord may not retaliate against a tenant's good-faith complaint by serving a notice to quit, suing for possession, substantially changing the tenancy terms, or refusing renewal or offering it only with an unreasonable rent increase. If such action comes within one year of a complaint, retaliation is presumed (rebuttable). Tenants can sue for damages, attorney's fees and injunctive relief.
A tenant holding over after a term longer than one month does not create a new term just by staying. If the landlord accepts rent after the term ends, a month-to-month tenancy results unless agreed otherwise.
In a nonpayment case, if conditions are dangerous or amount to a partial constructive eviction (for example, shown by a code enforcement notice or order), the court may pause the case. The tenant must deposit the rent then due with the court clerk to get the stay, and keep depositing within 5 days of each due date. No stay if the tenant caused the condition.
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