Before filing a nonpayment eviction, a New York landlord must serve a 14-day written rent demand under RPAPL Section 711. The demand requires, in the alternative, payment of rent or surrender of possession. Holdover cases instead use the 30/60/90-day notice tied to length of tenancy.
RPAPL Section 711 governs summary eviction proceedings. For nonpayment, the landlord must serve a written demand made "with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises," served as prescribed in Section 735. Accepting rent after the proceeding begins does not automatically terminate it. Holdover proceedings, where a tenant stays after the lease ends, require the predicate non-renewal notice under RPL Section 226-c (30, 60, or 90 days by length of tenancy) before the case is filed. The 2024 budget amendment to Section 711 also confirms "a tenant shall not include a squatter," excluding unauthorized occupants from these tenant protections.
Filing without the required 14-day demand (nonpayment) or proper predicate notice (holdover) is grounds for dismissal; only a court-ordered warrant and marshal or sheriff may carry out an eviction.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Babylon, NY
Aircraft noise from Republic Airport (FRG) in East Farmingdale is preempted by federal law. The Town of Babylon cannot regulate flight paths or aircraft oper...
Babylon, NY
Amplified music audible beyond the property line after 10 PM is prohibited in Babylon under Chapter 158. Outdoor concerts and commercial venues require a spe...
Babylon, NY
Construction and powered equipment work in Babylon is generally restricted to 7 AM to 7 PM Monday through Saturday, with no Sunday or holiday work without a ...
Babylon, NY
Babylon permits residential EV chargers as accessory to single-family homes without a special permit, though an electrical permit from the Division of Buildi...
Babylon, NY
Commercial vehicles over 10,000 lbs GVW or with commercial lettering cannot be parked on Babylon residential streets or in residential driveways overnight, p...
Babylon, NY
Vehicles parked on Babylon public streets for more than 48 hours or showing signs of abandonment (flat tires, expired plates, broken windows) can be tagged a...
See how Babylon's eviction notice & process rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.