New York Demand for Rent
Giving notice is the first step in any eviction process in the state of New York. If you have a tenant who has failed to pay rent, then you may serve them a 3 Day Demand for Rent. This notice informs the tenant that they must pay you the rent owed, along with any other permissible fees, within three business days of receipt of the notice, or they must vacate the premises. If they do not pay or surrender the property back to you within three business days, you will be within your rights to begin eviction proceedings.
Who: This notice is to be given to any tenant who has fallen behind on paying their rent. If any applicable grace period(s) still apply, this notice will not be applicable until after they have passed.
What: This 3 Day Demand for Rent is the notice required by law that you must give to your tenant(s) before commencing with court action and eviction proceedings. It gives the tenant(s) three business days (excluding Saturday, Sunday, and any government-recognized holidays) to either pay you the full amount due, including any applicable fees, or to vacate the premises.
When: This notice may be served when the tenant has failed to pay rent and has gone beyond any grace period(s) stipulated in the lease or rental agreement. After three business days have elapsed, if the tenant has neither paid nor left the property, you may commence court action.
Delivery may be done through regular or certified mail, in person, or by posting the notice in a visible location on the front door of the property. You may also hire a third party to deliver the notice. If you do this, we recommend sending them with one copy for the tenant and retaining a copy signed by your tenant for you.
- In the state of New York, all eviction notices must be given at least 72 hours in advance of any court action, excluding public holidays, Saturdays, and Sundays.
- Laws pertaining to landlord and tenant rights in New York are among some of the most complex and potentially confusing in the country. We strongly suggest hiring an attorney if you need to pursue eviction proceedings. You may also contact Small Property Owners of New York at 212-410-4600 or the Rent Stabilization Association at 212-214-9200 for help, as well.