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.
New Rochelle, NY
Construction noise in New Rochelle is restricted to weekdays 7 a.m.–6 p.m. and Saturdays 9 a.m.–5 p.m. No construction on Sundays or legal holidays without a...
New Rochelle, NY
Overnight on-street parking in New Rochelle is regulated by alternate-side rules, downtown permit-parking districts, and winter snow-emergency declarations t...
New Rochelle, NY
Commercial vehicles and trucks over a set weight (commonly 10,000 lbs GVW) are generally prohibited from overnight parking on New Rochelle residential street...
New Rochelle, NY
Parking RVs, campers, boats, and trailers on New Rochelle residential streets is prohibited or tightly time-limited. On private property, oversized recreatio...
New Rochelle, NY
Most residential fences in New Rochelle require a building permit from the Bureau of Buildings. Applications need a site plan showing location, height, and m...
New Rochelle, NY
Retaining walls over 4 feet in height (measured bottom-of-footing to top) require a building permit and engineered plans in New Rochelle. Walls with surcharg...
See how New Rochelle'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.