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.
Clifton Park, NY
The Town of Clifton Park prohibits unreasonable noise between 10:00 p.m. and 7:00 a.m. under Chapter 149 (Noise) of the Town Code. No source of sound in a pu...
Saratoga County, NY
Saratoga County municipalities regulate leaf blowers under general noise codes. Saratoga Springs City Code Chapter 174 caps daytime noise at 65 dBA at proper...
Saratoga County, NY
Commercial vehicles over 10,000 pounds GVW typically prohibited in residential zones overnight. Saratoga Springs restricts box trucks and tractor-trailers to...
Saratoga County, NY
Saratoga County municipalities require building permits for retaining walls over 4 feet per NY State Residential Code R404.4. Saratoga Springs, Clifton Park,...
Saratoga County, NY
Saratoga County enforces NY State Residential Code Appendix G (9 NYCRR 1220) pool barrier rules. Barriers must be minimum 48 inches high with self-closing, s...
Saratoga County, NY
Saratoga County allows hens in NYC but roosters are banned. Coops must meet health standards. Livestock prohibited in most residential zones. NYC Health Code...
See how Clifton Park'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.