5-Day Rent Demand Notice in New York: Statute, Service, and Deadlines

In New York, if a landlord hasn’t received rent within five days of the date the lease sets as due, they are required to send the tenant a written notice by certified mail stating that the payment wasn’t received. This 5-day rent notice in New York comes from Real Property Law § 235-e(d), added by the Housing Stability and Tenant Protection Act of 2019.¹² It is not the document that starts an eviction. It is a mandatory heads-up the landlord has to send before any eviction step can safely happen.

What the Statute Requires

RPL § 235-e(d) is short. If the landlord or the landlord’s authorized agent hasn’t received rent within five days of the lease’s due date, they “shall” send the tenant a written notice by certified mail stating the failure to receive payment.¹ “Shall” means required, not suggested. Treating it as optional creates a defense the tenant can use later.

Counting the Five Days

The clock starts on whatever date the lease identifies as the rent due date. If rent is due on the first and hasn’t arrived by the sixth, the obligation to send the notice has kicked in. These are calendar days.

New York’s General Construction Law shifts a deadline that lands on a Saturday, Sunday, or public holiday to the next business day.³ New York recognizes 13 public holidays, including New Year’s Day, Martin Luther King Jr. Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving, and Christmas. So if the fifth day falls on a Sunday, the landlord’s obligation to mail doesn’t technically begin until Monday.

What the Notice Has to Say

The statute requires only “a written notice stating the failure to receive such rent payment.”¹ There is no list of mandatory fields. A single sentence such as “We have not received your rent payment for June 2026” satisfies the text of the law.

A bare-bones notice invites arguments later. If the case reaches housing court, a vague notice gives the tenant’s attorney room to claim the landlord didn’t meaningfully comply. A safer notice usually includes:

The tenant’s name as it appears on the lease
The property address, including apartment or unit number
The month or months unpaid
The amount owed, limited to base rent unless the lease defines other charges as rent
The date the notice is sent, to document the compliance timeline

The New York State Unified Court System publishes landlord-tenant forms that offer a reliable structure.⁴ Using an official template removes most arguments about whether the notice was sufficient.

Certified Mail Is the Only Default Method

The statute specifies certified mail.¹ First-class mail, hand delivery, email, or a notice taped to the door does not satisfy the requirement. Certified mail produces a U.S. Postal Service tracking record showing when the notice was sent. The landlord should keep the postal receipt.

A return receipt (the green card or its electronic equivalent) isn’t required by the statute, but it’s worth the small extra cost. Without one, the landlord can prove mailing but not delivery. If the tenant later claims they never got the notice, a signed return receipt ends the argument. The electronic return receipt PDF carries the same legal weight as the paper card.

Cooperative Housing Exception

One exception exists. A cooperative housing corporation, as long as it isn’t subject to certain public housing finance programs, can use a different mailing method if the proprietary lease or occupancy agreement spells out that alternative.¹ This applies only when the tenant is a shareholder or dwelling unit owner in the co-op. Standard rental tenants do not benefit from it.

How the Five-Day Notice Differs From the 14-Day Rent Demand

The five-day notice is often confused with the 14-day rent demand, and they are not the same document. The five-day notice is a pre-eviction warning. It does not start an eviction case. The 14-day demand, required by RPAPL § 711(2), is the formal step that gives the tenant 14 days to pay or surrender the apartment and forms the legal foundation for a nonpayment petition.⁵ A landlord needs both, in order, before filing.

The 14-day demand also must now include a notice under RPL § 231-c stating whether the apartment is subject to New York’s good cause eviction law, and if it’s exempt, why. That requirement is in effect until June 15, 2034.⁵

Service also works differently. The five-day notice must go by certified mail. The 14-day demand follows RPAPL § 735, which allows personal delivery, delivery to a person of suitable age and discretion at the property, or conspicuous-place posting followed by mailing by both certified and regular first-class mail within one day.⁶ Mixing up the service rules for the two documents is a common mistake.

What Happens If the Landlord Skips It

Missing the five-day notice gives the tenant an affirmative defense in an eviction case.¹ A judge who finds the certified-mail notice was never sent can dismiss the petition or halt the proceedings. The landlord then has to start over: send the five-day notice, wait, serve the 14-day demand, wait again, and refile. That adds weeks, sometimes more, to the process.

Poor documentation carries the same risk. If the landlord cannot produce the postal receipt showing certified mailing, the tenant’s attorney will argue the notice was never sent. Courts expect paper proof. The certified mail receipt, tracking records, any return receipt, and a copy of the notice itself should all be preserved together.

The Tenant Can Still Pay and Stop the Case

Receiving a five-day notice, or even a 14-day demand after it, does not end the tenancy. The 14-day demand explicitly gives the tenant the choice to pay what is owed or vacate.⁵ Paying in full within the 14 days removes the basis for a nonpayment petition. Even after a petition is filed, New York courts generally allow the tenant to pay the full amount owed and stop the eviction at any point before the warrant of eviction is carried out.

Partial payments complicate things. A landlord who accepts less than the full amount owed may, in some circumstances, be treated as having waived the right to proceed. Tenants should not assume a partial payment fixes the problem, and landlords should understand the effect before accepting anything short of the full balance.

Federally Subsidized Housing

Tenants in federally subsidized housing, such as Section 8 project-based rental assistance or public housing, may be subject to additional federal notice requirements on top of the state five-day rule. As of early 2026, HUD and the USDA have been revising rules around 30-day notice requirements for nonpayment terminations in assisted housing. HUD issued an interim final rule in February 2026 revoking earlier rules that had required a 30-day notice, then delayed implementation and reopened the matter for public comment in March 2026. The situation remains unsettled. Tenants in subsidized housing should confirm with their local housing authority or a legal aid attorney which notice periods currently apply to their program.

1
New York State Senate. New York Real Property Law 235-E – Duty to Provide a Written Receipt
2
New York State Homes and Community Renewal. Housing Stability and Tenant Protection Act of 2019 Overview
3
New York State Senate. New York General Construction Law GCN 25-A
4
New York Courts. Landlord and Tenant Forms
5
New York State Senate. New York Real Property Actions and Proceedings Law 711 – Grounds Where Landlord-Tenant Relationship Exists
6
New York State Senate. New York Real Property Actions and Proceedings Law 735 – Manner of Service; Filing; When Service Complete