Fourteen (14) Day Notice to Pay Rent or Quit (New York)

FOURTEEN (14) DAY NOTICE TO PAY RENT OR QUIT — STATE OF NEW YORK

(Predicate Notice Pursuant to RPAPL § 711(2))

1. PARTIES AND PREMISES

TO: [TENANT FULL LEGAL NAME], and all other persons in possession or claiming possession,
RESPONDENT(S) / TENANT(S)

Premises: [STREET ADDRESS, APT/UNIT NO.], [CITY], [COUNTY] County, New York [ZIP] (the "Premises").

FROM: [LANDLORD FULL LEGAL NAME], by and through [its/her/his] agent if applicable,
[AGENT NAME, IF ANY], PETITIONER / LANDLORD

Landlord address for payment: [________________________________]

Date of this Notice: [__/__/____]

2. STATUTORY BASIS AND DEMAND

PLEASE TAKE NOTICE that you are justly indebted to the undersigned Landlord for rent of the Premises in the total sum stated below. Pursuant to N.Y. Real Property Actions and Proceedings Law § 711(2), written demand is hereby made that, within fourteen (14) days after service of this Notice upon you, you either:

☐ (a) Pay to the Landlord the total rent now due as itemized in Section 3 below; OR

☐ (b) Surrender and deliver up possession of the Premises to the Landlord.

If you fail to do either within the fourteen (14) day period, the Landlord will commence a summary nonpayment proceeding against you under RPAPL Article 7 to recover possession of the Premises and a money judgment for all rent due, together with court costs, disbursements, and (if authorized by the lease and by law) attorney's fees.

2.1 REQUIRED RPL § 231-c ATTACHMENT

DO NOT SERVE THIS DEMAND ALONE. RPAPL § 711(2) requires the fourteen-day notice to append or contain the notice prescribed by RPL § 231-c. Attach the current official Good Cause Eviction Law Notice in full, complete whether the unit is covered or exempt, and complete every disclosure required for the selected exemption.

Official form: https://hcr.ny.gov/good-cause-eviction

3. ITEMIZATION OF RENT DUE

The lease/tenancy under which the Premises are held is dated [__/__/____] and provides for monthly rent of $[__________], due on the [____] day of each month.

The following rent installments are unpaid as of the date of this Notice:

TOTAL RENT DUE AND DEMANDED: $[__________]

4. METHOD OF PAYMENT

Payment must be tendered in full to the Landlord at the address stated in Section 1 above by any of the following methods:

☐ Personal check
☐ Certified or bank check
☐ Money order
☐ Electronic transfer to: [________________________________]
☐ Other (specify): [________________________________]

Partial payments will not cure the default and may be rejected. The Landlord reserves the right to accept partial payment without waiver of any right to commence or continue a summary proceeding for the unpaid balance.

Pursuant to RPAPL § 731(4), if you pay the full amount of rent due to the Landlord at any time prior to the hearing on the petition, such payment shall be accepted by the Landlord and renders moot the grounds on which the special proceeding was commenced.

5. NOTICE OF RIGHTS — RPL § 235-e(d) STATEMENT

If, at the time of this Notice, the Landlord has not previously sent you a written notice of non-receipt of rent within five (5) days of the rent due date by certified mail (per RPL § 235-e(d)), you may have an affirmative defense in any subsequent nonpayment proceeding. This Notice does not waive the Landlord's obligation under that section.

6. CONSEQUENCES OF NON-PAYMENT — STATUTORY WARNING

If you fail to cure the default by paying the full amount demanded or to vacate the Premises within fourteen (14) days after service of this Notice:

1. The Landlord may commence a special summary proceeding for nonpayment of rent in the Housing Part of the Civil Court of the City of New York (if the Premises are in NYC) or in the County, City, Town, Village, or District Court for the locality (outside NYC), pursuant to RPAPL §§ 711(2), 731, and 741.

2. A judgment of possession, money judgment for the unpaid rent, and a warrant of eviction may be issued against you.

3. If a warrant is issued, an authorized enforcement officer must give at least fourteen (14) days' written notice before executing it. In a nonpayment proceeding, full payment or tender of the rent due before execution requires the court to vacate the warrant unless the court finds that rent was withheld in bad faith. See RPAPL § 749(2)-(3).

4. You may be liable for the Landlord's costs and disbursements and, if the lease so provides and the law allows, reasonable attorney's fees.

5. Right to counsel (NYC): If you reside in New York City, you may be entitled to free legal representation in Housing Court under NYC Local Law 136 of 2017 (codified at NYC Admin. Code §§ 26-1301 et seq.) administered by the NYC Office of Civil Justice. Call 311 or visit www1.nyc.gov/site/hra/help/legal-services-for-tenants.page.

6. Outside NYC: Free or low-cost legal help may be available through your local Legal Aid Society, Legal Services NYC affiliate, or county bar association lawyer-referral service.

7. Domestic violence, sexual offense, stalking, human trafficking survivors: You may have additional protections under RPL §§ 227-c, 227-d, 227-e, RPAPL § 744, and the federal Violence Against Women Act (VAWA), 34 U.S.C. § 12491.

8. Tenant blacklisting prohibited. Pursuant to HSTPA (codified in part at RPAPL § 741(7) and N.Y. Gen. Bus. Law § 391-bb), it is unlawful for any person to refuse to rent to you solely because you have been in housing court.

7. RESERVATION OF RIGHTS

Nothing in this Notice shall be construed as a waiver of, or election among, any rights or remedies that the Landlord may have at law, in equity, or under the lease, including but not limited to the right to recover rent that becomes due after the date of this Notice, the right to recover use and occupancy, and the right to recover damages for breach of any other lease covenant.

8. CERTIFICATION AND SIGNATURE

The undersigned hereby demands the rent or possession of the Premises as set forth above.

[________________________________]
[LANDLORD NAME], Landlord
(or) [AGENT NAME], as agent for [LANDLORD NAME]

Date: [__/__/____]

Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

9. AFFIDAVIT OF SERVICE — RPAPL § 735

STATE OF NEW YORK
COUNTY OF [____________________] ss.:

[SERVER FULL NAME], being duly sworn, deposes and says:

1. I am over the age of eighteen (18) years, am not a party to this proceeding, and reside at [________________________________].

2. On [__/__/____] at approximately [____]:[____] [AM/PM], I served the within Fourteen (14) Day Notice to Pay Rent or Quit upon [TENANT NAME] at the Premises, [STREET ADDRESS, APT/UNIT NO., CITY, NY ZIP], by the following method (check one):

☐ Personal delivery. I personally delivered a true copy of the Notice to the above-named Respondent.

☐ Substituted service. Upon reasonable application, admittance to the Premises was obtained, and I delivered a true copy of the Notice to a person of suitable age and discretion who resides or is employed at the Premises, namely [NAME OR DESCRIPTION] (relationship/role: [____________________]); AND within one (1) day thereafter, on [__/__/____], I deposited a true copy of the Notice in a post-paid wrapper, properly addressed to the Respondent at the Premises, by (i) registered or certified mail and (ii) regular first-class mail, in an official depository under the exclusive care and custody of the United States Postal Service.

☐ Conspicuous-place ("nail and mail") service. Upon reasonable application, admittance to the Premises could not be obtained and no person of suitable age and discretion was found, and I therefore affixed a true copy of the Notice upon a conspicuous part of the Premises (or placed it under the entrance door); AND within one (1) day thereafter, on [__/__/____], I deposited a true copy of the Notice in a post-paid wrapper, properly addressed to the Respondent at the Premises, by (i) registered or certified mail and (ii) regular first-class mail, in an official depository under the exclusive care and custody of the United States Postal Service.

3. The reasonable application required for substituted or conspicuous-place service consisted of the following attempts at service:

[________________________________]
[SERVER NAME], Affiant

Sworn to before me this [____] day of [____________], 20[____].

[________________________________]
Notary Public, State of New York
Commission Expires: [__/__/____]

10. SOURCES AND REFERENCES

• RPAPL § 711(2) — Grounds where landlord-tenant relationship exists: nonpayment / 14-day written rent demand. https://www.nysenate.gov/legislation/laws/RPA/711
• RPAPL § 731 — Commencement; notice of petition; full-payment moots proceeding. https://www.nysenate.gov/legislation/laws/RPA/731
• RPAPL § 735 — Manner of service; filing; when service complete. https://www.nysenate.gov/legislation/laws/RPA/735
• RPL § 231-c — Good Cause Eviction Law notice. https://www.nysenate.gov/legislation/laws/RPP/231-C
• RPL § 235-e — Duty of landlord to provide written notice of non-receipt of rent. https://www.nysenate.gov/legislation/laws/RPP/235-E
• RPL § 238-a — Limitation on fees; cap on late fees. https://www.nysenate.gov/legislation/laws/RPP/238-A
• HSTPA 2019, L. 2019, ch. 36 — Housing Stability and Tenant Protection Act overview (NYS Bar Ass'n). https://nysba.org/nys-housing-stability-and-tenant-protection-act-of-2019-part-iii-what-lawyers-must-know/
• NYS Attorney General, Residential Tenants' Rights Guide. https://ag.ny.gov/publications/residential-tenants-rights-guide
• NYC Courts, Starting a Nonpayment Case Inside NYC. https://www.nycourts.gov/courthelp/Homes/NYCnonpayment.shtml
• NYC Right to Counsel — NYC Admin. Code §§ 26-1301 et seq. (Local Law 136 of 2017). https://www1.nyc.gov/site/hra/help/legal-services-for-tenants.page

End of Fourteen (14) Day Notice to Pay Rent or Quit — New York.