New York eviction notice and late fee rules

Notice for unpaid rent

14 days — A nonpayment proceeding may be brought after the tenant defaults in rent and a written demand giving at least fourteen days' notice, requiring payment or surrender of possession, has been served as prescribed in RPAPL § 735.

Ending a month-to-month tenancy

The required notice period depends on occupancy or lease length: at least thirty days if under one year, at least sixty days if one to two years, and at least ninety days if more than two years.

Late-fee limit

A late fee may not exceed fifty dollars or five percent of the monthly rent, whichever is less.

Grace period before a late fee

No late fee may be demanded unless rent has not been paid within five days of its due date.

Notice for unpaid rent

A nonpayment proceeding may be brought after the tenant defaults in rent and a written demand giving at least fourteen days' notice, requiring payment or surrender of possession, has been served as prescribed in RPAPL § 735.

“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.”
N.Y. RPAPL § 711(2)

The fourteen-day rent demand must append or contain the RPL § 231-c notice stating whether the premises are subject to the Good Cause Eviction Law (and, if exempt, why).

“The fourteen-day notice shall append or contain the notice required pursuant to section two hundred thirty-one-c of the real property law, which shall state the following: (i) if the premises are or are not subject to article six-A of the real property law, the "good cause eviction law", and if the premises are exempt, such notice shall state why the premises are exempt from such law;”
N.Y. RPAPL § 711(2)

Paying to stop an eviction

In a nonpayment proceeding, the landlord must accept payment of the full rent due if made at any time before the hearing on the petition, and the payment makes the grounds for the proceeding moot.

“4. In an action premised on a tenant defaulting in the payment of rent, payment to the landlord of the full amount of rent due, when such payment is made at any time prior to the hearing on the petition, shall be accepted by the landlord and renders moot the grounds on which the special proceeding was commenced.”
N.Y. RPAPL § 731(4)

A tenant holding over after a rent default may stay issuance of the warrant by depositing the rent due, any interest and penalty due, and the costs of the proceeding with the clerk of the court.

“1. Where the lessee or tenant holds over after a default in the payment of rent, or of taxes or assessments, he may effect a stay by depositing the amount of the rent due or of such taxes or assessments, and interest and penalty, if any thereon due, and the costs of the special proceeding, with the clerk of the court,”
N.Y. RPAPL § 751(1)

Notice for other lease violations

In housing covered by the Good Cause Eviction Law, violation of a substantial obligation of the tenancy is good cause only if the tenant failed to cure after written notice that the violation cease within ten days of receipt.

“(b) The tenant is violating a substantial obligation of their tenancy or breaching any of the landlord's rules and regulations governing said premises, other than the obligation to surrender possession, and has failed to cure such violation after written notice that the violation cease within ten days of receipt of such written notice,”
N.Y. Real Prop. Law § 216(1)(b)

Ending a month-to-month or other periodic tenancy

The required notice period depends on occupancy or lease length: at least thirty days if under one year, at least sixty days if one to two years, and at least ninety days if more than two years.

“(b) If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord shall provide at least thirty days' notice. (c) If the tenant has occupied the unit for more than one year but less than two years, or has a lease term of at least one year but less than two years, the landlord shall provide at least sixty days' notice. (d) If the tenant has occupied the unit for more than two years or has a lease term of at least two years, the landlord shall provide at least ninety days' notice.”
N.Y. Real Prop. Law § 226-c(2)

Written notice is required when a landlord intends to renew with a rent increase of five percent or more or does not intend to renew; if timely notice is not given, the tenancy continues on existing terms until the notice period expires.

“If the landlord fails to provide timely notice, the occupant's lawful tenancy shall continue under the existing terms of the tenancy from the date on which the landlord gave actual written notice until the notice period has expired, notwithstanding any provision of a lease or other tenancy agreement to the contrary.”
N.Y. Real Prop. Law § 226-c(1)(a)

In New York City, a monthly or month-to-month tenant may not be removed on the ground of holding over unless the landlord gives notice under the period required by RPL § 226-c(2).

“No monthly tenant, or tenant from month to month, shall hereafter be removed from any lands or buildings in the city of New York on the grounds of holding over the tenant's term unless pursuant to the notice period required by subdivision two of section two hundred twenty-six-c of this article,”
N.Y. Real Prop. Law § 232-a

Just cause and good cause

In housing covered by the Good Cause Eviction Law, a landlord may not remove a tenant, even without a written lease or after the lease expires, except on a court order in a proceeding establishing one of the listed good-cause grounds.

“1. No landlord shall remove a tenant from any housing accommodation covered by section two hundred fourteen of this article, or attempt such removal or exclusion from possession, notwithstanding that the tenant has no written lease or that the lease or other rental agreement has expired or otherwise terminated, except upon order of a court of competent jurisdiction entered in an appropriate judicial action or proceeding in which the petitioner or plaintiff has established one of the following grounds as good cause for removal or eviction:”
N.Y. Real Prop. Law § 216(1)

The Good Cause Eviction Law applies to the city of New York.

“Upon the effective date of this section, this article shall apply to the city of New York.”
N.Y. Real Prop. Law § 212

Outside New York City, the Good Cause Eviction Law applies only in a village, town, or city that adopts it by local law.

“This article shall apply in any village, town, or a city, other than the city of New York, that, acting through its local legislative body, adopts the provisions of this article by local law.”
N.Y. Real Prop. Law § 213(1)

Owner-occupied housing with no more than ten units is among the housing accommodations exempt from the Good Cause Eviction Law.

“2. owner-occupied housing accommodation with no more then ten units;”
N.Y. Real Prop. Law § 214(1)-(2)

Lockouts and utility shutoffs

It is unlawful to evict or attempt to evict an occupant who has lawfully occupied a dwelling unit for thirty consecutive days or longer, or who has a lease, except as permitted by law under a warrant of eviction, court order, or governmental vacate order, by the means listed in the statute.

“1. (a) It shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for thirty consecutive days or longer or who has entered into a lease with respect to such dwelling except to the extent permitted by law pursuant to a warrant of eviction or other order of a court of competent jurisdiction or a governmental vacate order by:”
N.Y. RPAPL § 768(1)(a)

Intentional unlawful eviction is a class A misdemeanor and carries a civil penalty of $1,000 to $10,000 per violation.

“(a) Any person who intentionally violates or assists in the violation of any of the provisions of this section shall be guilty of a class A misdemeanor. Each such violation shall be a separate and distinct offense. (b) Such person shall also be subject to a civil penalty of not less than one thousand nor more than ten thousand dollars for each violation.”
N.Y. RPAPL § 768(2)

A person put out of real property in a forcible or unlawful manner may recover treble damages.

“If a person is disseized, ejected, or put out of real property in a forcible or unlawful manner, or, after he has been put out, is held and kept out by force or by putting him in fear of personal violence or by unlawful means, he is entitled to recover treble damages in an action therefor against the wrong-doer.”
N.Y. RPAPL § 853

Retaliation

A landlord may not serve a notice to quit or commence an action or summary proceeding to recover possession in retaliation for the tenant activities listed in the statute.

“1. No landlord of premises or units to which this section is applicable shall serve a notice to quit upon any tenant or commence any action to recover real property or summary proceeding to recover possession of real property in retaliation for:”
N.Y. Real Prop. Law § 223-b(1)

A rebuttable presumption of retaliation arises if the tenant shows the landlord served a notice to quit, started a proceeding to recover possession, or tried to substantially alter the tenancy within one year after the events listed in the statute.

“5. In an action or proceeding instituted against a tenant of premises or a unit to which this section is applicable, a rebuttable presumption that the landlord is acting in retaliation shall be created if the tenant establishes that the landlord served a notice to quit, or instituted an action or proceeding to recover possession, or attempted to substantially alter the terms of the tenancy, within one year after:”
N.Y. Real Prop. Law § 223-b(5)

If the court finds the landlord is acting in retaliation, judgment in the possession action is entered for the tenant; the landlord is also subject to a civil action for damages, attorney's fees and costs.

“3. A landlord shall be subject to a civil action for damages, attorney's fees and costs and other appropriate relief, including injunctive and other equitable remedies, as may be determined by a court of competent jurisdiction in any case in which the landlord has violated the provisions of this section. 4. In any action to recover real property or summary proceeding to recover possession of real property, judgment shall be entered for the tenant if the court finds that the landlord is acting in retaliation for any action set forth in paragraphs a, b, and c of subdivision one of this section.”
N.Y. Real Prop. Law § 223-b(3)-(4)

What the notice must say and how it is delivered

Service of the notice of petition and petition is made by personal delivery to the respondent, or by delivering it to a person of suitable age and discretion who resides or is employed at the property, if admittance can be obtained and such a person is found (other methods follow in the statute).

“1. Service of the notice of petition and petition shall be made by personally delivering them to the respondent; or by delivering to and leaving personally with a person of suitable age and discretion who resides or is employed at the property sought to be recovered, a copy of the notice of petition and petition, if upon reasonable application admittance can be obtained and such person found who will receive it;”
N.Y. RPAPL § 735(1)

Court deadlines and the eviction case

No tenant or lawful occupant of a dwelling may be removed from possession except in a special proceeding.

“No tenant or lawful occupant of a dwelling or housing accommodation shall be removed from possession except in a special proceeding.”
N.Y. RPAPL § 711

Except in nonpayment proceedings under § 732, the notice of petition and petition must be served at least ten and not more than seventeen days before the hearing.

“1. Except as provided in section seven hundred thirty-two of this article, relating to a proceeding for non-payment of rent, the notice of petition and petition shall be served at least ten and not more than seventeen days before the time at which the petition is noticed to be heard.”
N.Y. RPAPL § 733(1)

Except under § 732, the respondent may answer orally or in writing at the time the petition is to be heard.

“Except as provided in section seven hundred thirty-two of this article, relating to a proceeding for non-payment of rent, at the time when the petition is to be heard the respondent, or any person in possession or claiming possession of the premises, may answer, orally or in writing.”
N.Y. RPAPL § 743

Where § 732 applies, if the respondent fails to answer within ten days from service, the judge renders judgment for the petitioner and may stay the warrant for up to ten days from service.

“3. If the respondent fails to answer within ten days from the date of service, as shown by the affidavit or certificate of service of the notice of petition and petition, the judge shall render judgment in favor of the petitioner and may stay the issuance of the warrant for a period of not to exceed ten days from the date of service, except as provided in section seven hundred fifty-three of this article.”
N.Y. RPAPL § 732(1), (3)

The officer executing a warrant of eviction must give at least fourteen days' written notice to the persons to be evicted and execute it on a business day between sunrise and sunset.

“(a) The officer to whom the warrant is directed and delivered shall give at least fourteen days' notice, in writing and in the manner prescribed in this article for the service of a notice of petition, to the person or persons to be evicted or dispossessed and shall execute the warrant on a business day between the hours of sunrise and sunset.”
N.Y. RPAPL § 749(2)(a)

Late fees and grace periods

A late fee may not exceed fifty dollars or five percent of the monthly rent, whichever is less.

“No landlord, lessor, sub-lessor or grantor may demand any payment, fee, or charge for the late payment of rent unless the payment of rent has not been made within five days of the date it was due, and such payment, fee, or charge shall not exceed fifty dollars or five percent of the monthly rent, whichever is less;”
N.Y. Real Prop. Law § 238-a(2)

No late fee may be demanded unless rent has not been paid within five days of its due date.

“2. No landlord, lessor, sub-lessor or grantor may demand any payment, fee, or charge for the late payment of rent unless the payment of rent has not been made within five days of the date it was due,”
N.Y. Real Prop. Law § 238-a(2)

The New York Attorney General's tenant guide states that in a nonpayment case a tenant can only be evicted for not paying rent, not for nonpayment of other fees such as late fees.

“In a non-payment case, you can only be evicted for not paying your rent. You cannot be evicted for non-payment of other fees (such as late fees, legal fees, or any other “added” fee).”
N.Y. Attorney General, Residential Tenants' Rights Guide

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the New York rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in New York have to give for unpaid rent?

A nonpayment proceeding may be brought after the tenant defaults in rent and a written demand giving at least fourteen days' notice, requiring payment or surrender of possession, has been served as prescribed in RPAPL § 735. (N.Y. RPAPL § 711(2)).

How much notice is needed to end a month-to-month tenancy in New York?

The required notice period depends on occupancy or lease length: at least thirty days if under one year, at least sixty days if one to two years, and at least ninety days if more than two years. (N.Y. Real Prop. Law § 226-c(2)).

Is there a limit on rent late fees in New York?

A late fee may not exceed fifty dollars or five percent of the monthly rent, whichever is less. (N.Y. Real Prop. Law § 238-a(2)).