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New York 14-Day Notice to Quit (Demand for Rent) | Non-Payment

A New York 14-day notice to pay or quit is a type of document used by landlords when a tenant residing in one of their rental units fails to pay rent on the due date. Upon receiving this notice, the tenant has 14 days to either pay or face the possibility of an eviction proceeding.
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Laws

  • Notice Period: 14 days.[1]
  • Rent Grace Period: Within five days of the due date.[2]
  • Maximum Late Fee: $50 or 5% of the monthly rent, whichever is less.[2]

Good Cause Eviction Law

For certain tenancies in New York City and other municipalities that opt in, landlords must have a “good cause” reason for evicting their tenant.[3]

Good cause includes a tenant’s failure to pay rent, provided the landlord has not unreasonably increased rent, a tenant’s violation of any lease term, the landlord’s intent to demolish or otherwise remove the property from the market, and for several other reasons. (See the full list of good cause reasons for eviction and the tenancies/housing to which it is applicable HERE on the NYC gov website.)

Notice of Applicability of Good Cause Eviction Law – All landlords issuing a written demand for past-due rent must attach a notice disclosing whether the Good Cause Eviction Law applies or does not apply to the tenancy.[4]

Delivery Options (3)

  1. Delivering the notice personally to the tenant;
  2. Delivering a copy of the notice to a person “of suitable age and discretion” who also lives at the property; or
  3. Posting a copy of the notice in a prominent place on the property, or placing a copy under the entrance door of the dwelling.[5]

If the notice is delivered by either option 2 or option 3, it must also be mailed to the tenant by both registered/certified mail and first-class mail within one day of the delivery.

Waiver of Landlord’s Right to Terminate

In an eviction proceeding based on non-payment of rent, if the tenant pays the full amount of rent due before the hearing on the petition, the landlord must accept the payment, and the grounds for the eviction proceeding are rendered moot.[6]

Sample

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