New York Statewide Rule

New York Eviction Notice Requirements

Heavy RestrictionsApplies statewide across New York (2026)

Key Facts

Statute: RPAPL Section 711
Nonpayment demand: 14 days written
Demand terms: Pay rent or surrender possession
Holdover notice: 30/60/90 days (RPL 226-c)
Squatters: Not 'tenants' (2024 amendment)

Last verified: September 5, 2026

Summary

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.

2. The tenant has defaulted in the payment of rent, pursuant to the agreement under which the premises are held, and a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served upon the tenant as prescribed in section seven hundred thirty-five of this article.

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Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

How many days notice before a nonpayment eviction in New York?

A 14-day written rent demand under RPAPL Section 711, giving the tenant the choice to pay the rent or give up possession.

Can a New York landlord evict without going to court?

No. Self-help eviction is illegal. The landlord must obtain a court judgment and warrant, executed only by a marshal or sheriff.

Does accepting partial rent stop a New York eviction?

Not automatically. Under Section 711, accepting rent after the proceeding has begun does not, by itself, terminate the case.

Sources

NY RPAPL Section 711

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