How Much Notice Does a Landlord Have to Give for Unpaid Rent in New York? (14 Days)

In New York, a landlord must serve a 14-Day Rent Demand before filing an eviction for unpaid rent. The statute is RPAPL § 711(2). In short: A written demand for rent giving at least fourteen days, served under RPAPL § 735, before a nonpayment proceeding.

What RPAPL § 711(2) requires

• Notice period: 14 days.
• How the days are counted: If the last day falls on a Saturday, Sunday or public holiday the period runs to the next business day.
• Watch out: Only rent may be demanded in a nonpayment proceeding (RPAPL § 702); late fees and other charges cannot be included.
• Watch out: If rent was not received within five days of the due date, RPL § 235-e(d) required a certified-mail late notice; if you did not send one, the tenant can raise it as a defense. Send it now if it has not gone out.
• Watch out: Attach the Good Cause Eviction Law notice required by RPL § 231-c; this generator does not produce the state form.
• Watch out: New York City and rent-regulated tenancies carry further requirements; this notice is drafted from a secondary copy of the statute, so confirm with counsel before serving.
• Statute: RPAPL § 711(2).

How the notice can be served in New York

• Delivered personally to the tenant: Deliver a copy to the tenant personally.
• Left with a person of suitable age at the premises, then mailed (adds 5 days before the period starts): Deliver to a person of suitable age and discretion at the premises AND, within one business day, mail one copy by certified mail and one by regular first-class mail. The statute does not fix a mailing allowance, so the LeaseLenses notice generator adds five days before the period starts. Hand delivery avoids the delay.
• Affixed to the door or slipped under it after reasonable attempts, then mailed (adds 5 days before the period starts): Only after reasonable attempts at personal or substituted service: affix a copy to the door or place it under the entrance door AND, within one business day, mail one copy by certified mail and one by regular first-class mail. The statute does not fix a mailing allowance, so the LeaseLenses notice generator adds five days before the period starts. Hand delivery avoids the delay.

Record the method, the date, and who delivered it. The service date is where the 14-day count begins, and it is the first thing a judge checks.

When the period ends

A notice that miscounts the period, or is filed on before it has run, gets the case dismissed rather than delayed, and the landlord starts over with a fresh notice. Count from the service date under the New York rule above, add any mailing days for the method used, and file only after the last day has passed.

Frequently Asked Questions

Q: Does the day I serve the notice count as day one in New York?
A: If the last day falls on a Saturday, Sunday or public holiday the period runs to the next business day. Apply that rule to the service date, then add the mailing allowance if the method calls for one.

Q: Can a New York landlord serve the notice by mail?
A: Yes. Left with a person of suitable age at the premises, then mailed adds 5 days; Affixed to the door or slipped under it after reasonable attempts, then mailed adds 5 days. Keep the receipt.

Q: What if the tenant pays some of the rent during the 14 days?
A: Accepting partial payment can affect the notice; read the cautions above before deciding, and put any agreement in writing. When in doubt, a fresh notice is cheaper than a dismissed case.

Sources Checked

• N.Y. Gen. Oblig. Law § 7-108 (the New York statute cited above)
• RPAPL § 711(2) (the New York notice statute)
• LeaseLenses New York deposit and notice data set, last reviewed 2026-09-19; the same data powers the New York document tools
• New York landlord-tenant overview and the New York deposit rules page

This page is general legal information for New York, not legal advice. Statutes change; read the current text before relying on a deadline in court.