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.
Rochester, NY
Rochester regulates industrial and manufacturing noise under its general excessive-noise prohibition. No separate dBA limit by zone is codified; all operatio...
Rochester, NY
Rochester addresses excessive animal noise under Chapter 75 and animal control regulations. Dogs and other animals that create persistent noise disturbances ...
Rochester, NY
Rochester regulates noise under Chapter 75 of the municipal code. Excessive noise between 10 PM and 7 AM is specifically restricted. The city prohibits any l...
Rochester, NY
Rochester requires driveways to meet city specifications. Vehicles must be parked on improved surfaces and may not block sidewalks. Driveway modifications in...
Rochester, NY
Rochester restricts RV and boat storage in residential areas. Recreational vehicles and boats may be stored on residential properties with limitations on loc...
Rochester, NY
Rochester restricts parking of large commercial vehicles in residential zones. Semi-trucks, heavy equipment, and large commercial vehicles may not be stored ...
See how Rochester'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 If you notice an error or outdated information, let us know.