The New York Three (3) Day Notice to Quit, also known as a “Rent Demand” or “Demand for Rent”, is a type of real estate document used by landlords when a tenant residing in one of their rental units fails to pay rent on the date due. By serving this notice, the tenant will have 3 days following of notice to pay rent. New York state law does not require a notice to be in writing unless it is stated in the rental agreement. However, having it in writing is still the best choice for any landlord.
Guide – Use to view the process for Tenant(s) that have failed to pay rent.
If the tenant refuses to delivery the property back to the landlord’s possession after failing to pay rent within 3 days of notice, they will be in jeopardy of paying double the rent while occupying the rental unit.
There are 3 ways which are accepted as Proper Delivery of Notice in New York:
- Personal Delivery – Notice delivered personally to the tenant, however the person serving the notice cannot be the landlord or owner.
- Substituted Service – If the actual tenant is not available for service, give the notice to someone who works or lives on the property (the person can’t be someone who just happens to be on the property). The person receiving the notice does not have to be an 18 year old adult but they cannot be a small child. The following weekday, the landlord must mail 1 copy by certified mail and another copy by regular mail to the tenant.
- Conspicuous Service – Delivery must be tried at least 2 times during the course of one day. If failed both times, the person serving may tape one copy to the tenant’s door. The following weekday, 1 copy must be sent by certified mail and the other by regular mail.
How to Write
1 – Gather the Necessary Paperwork
You will need the original Lease Agreement signed by the Tenant. The Lease information required in this form must be fully compliant with its report on the Lease. You may obtain the “New York Written Demand For Payment Of Past Due Rent,” required to issue a 3 Day Notice to Quit Form (Demand for Rent) in New York, by selecting the buttons beneath the file image on the right (PDF, ODT, Word) then, saving it. Make sure you have the program required for the file type you have chosen (i.e. if you chose “PDF,” you must have a form friendly broswer or a PDF editing program so you may open the file).
2 – Document the Date
Locate Item 1. Use the blank spaces provided to report the Month and the Calendar Date you are drawing up this Notice (on the on the first blank space). Then, on the second blank space, report the year for this date.
3 – Define the Property
In Item 2 you will need to provide some facts to Identify the Leased Property being referred to in this Notice. Report the Number of Rooms the Tenant rents on the blank line preceding the word “rooms.” Next, on the blank line preceding the word “floor,” report which Floor the Property being leased is located on. Then, on the blank line preceding the word “side,” enter which side of the Building/Structure the recipient Tenant is renting (i.e. Northwest Side). Finally, if the Leased Property has an Apartment or Unit Number, report this on the blank line following the words “Apt. No.”
4 – Define the location
Find Item 3. Utilize the two blank lines in this item to give a full report on the Address of the Leased Property. This should consist of a Building Number, Street Name, Apartment Number, City, State, and Zip Code as defined in the concerned Lease Agreement.
5 – Define Leased Property Use
There are several different types of Properties one can lease, however the two main categories of Property Type are Business and Residence. If this Leased Property is being Leased to a Business to conduct business on the Property, then mark the bubble labeled “Business” in Item 4. If this Leased Property is being Leased to be used as a Residence, then mark the bubble labeled “Residence.”
6 – Define the Tenants
Use the blank lines provided in Items Five through Eight to report the Full Name of each Tenant. If there are more, and you need more room, you may edit this document with the appropriate program (PDF for PDF’s, Microsoft Word for Word and ODT).
7 – Defining the Past Due Amount(s)
Locate Item 9. There will be several lines in this item, each with three blank spaces. Each line is meant to document a time period where the Tenant has not paid his or her Rent and the Sum the Tenant owes for that time period. Each month may be reported on one line. To begin, define the dollar amount of the Past Due Rent that must be paid on the blank space preceding the term “for month of.” Then using the two blank spaces following these words, report the Calendar Day, Month, and Year of the Month the Past Due Rent amount applies to. There will be enough room for five months to be reported as being owed.
Locate the words “Late Fee,” below the area where you define the delinquent Rent Amounts, then report the Late Fee that shall be applied to the Past Due Amount.
8 – The Total Amount Owed
Locate Item 10. This item will commence with a brief statement: “The total now due is…” Report the Total Amount of Rent the Tenant owes as one lump sum. That is, if the Tenant has not paid several months of rent then, add the amount owed for each month and enter the sum on the blank line following this statement.
9 – Verification Signature
Locate the paragraph near the bottom of this page. This paragraph will provide the Notice Information that must be received along with a statement of intent. The Landlord and/or Landlord Agent responsible for this property (and issuing this Notice) must provide his or her Signature on the blank line labeled “Signature.” This Name must be Printed on the adjacent blank space, labeled “Print or Type Name.” Landlords sending this Notice should Sign and Print their Names in Item 11. Landlord Agents should Sign and Print their Names in Item 12.
The last area requiring information will be Item 13. If the Landlord has Signed this Notice, this entity must provide his or her Address in the area provided. If a Landlord Agent has Signed this document, the Agent’s Address must be reported in the area provided. The Address should be composed of a Building Number, Street, Suite Number, City, State, and Zip Code.