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.
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