NYS timeline for tenant late rent notices

NYS timeline for tenant late rent notices

Member since 2021 · 1 post · 0 votes

Hi everyone, I'm having trouble finding an actual timeline with specific dates I can send notices to tenants for late rent keeping in mind the new NYS housing laws.  I inherited a tenant that doesn't like to pay rent on time, I only have her for the next 2 months until her lease ends, but fear I need to get this process started in case I have to evict her as she is a bit upset her lease will not be renewed.  Here are my questions:

Am I correct that I first need to send certified mail a notice that rent is late and needs to be paid -- what day do I send this, 2nd of the month, after the 5 day grace period?

Most of these notices inform the tenant the rent must be paid by a "fill in the blank" date -- is this an arbitrary date?

When does the 14 day notice to pay or vacate get sent?

Also is the day I actually send the certified mail the first day of the notice or the day the tenant receives the mail -- just want to be precise since NYS is so tenant friendly and seems if you do one thing wrong you could lose an eviction and $$$$ easily.

So I'm having a hard time understanding the days of the month I can send these notices and what to fill in for dates it must be filled in by.  I've asked my attorney as well, just wanted to see what you seasoned investors had to say and use and tips/tricks you have developed.

Thanks so much for your help in advance!!

-Heather (newb investor and landlord)

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  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    The DIY Landlord Book4.7247 Reviews
  • Member since 2022 · 18 posts · 9 votes
    4y

    Based on my limited (newbie) experience and talking to few attorneys, you cannot send the late notice before the 5 day grace period is over meaning if rent is due on the 1st, the earliest you could send it is on the 7th and it has to be by certified mail. 

    Only then can you serve the 14 day pay or quit notice and this needs to be attempted to be served in person by an adult third party (i.e. not you!) at least two different times, before other methods like posting on the door combined with certified mail may be considered. 

    Then, if no response, the notice of the petition needs to be served 10-17 days before the court date. Apparently, you can't include late fees in the earlier notices (late notice and pay or quit), but you can include it in the petition.

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