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State notice rules

Do New York landlords have to send late rent notices by certified mail?

Updated · By the Landlord Notice Mail team

Yes. Under New York Real Property Law 235-e(d), if a landlord (or an agent authorized to receive rent) does not receive rent within five days of the due date in the lease, the landlord must send the tenant, by certified mail, a written notice stating that the rent was not received. If the landlord doesn't, the tenant can raise it as an affirmative defense in a nonpayment eviction.

New York nonpayment notices, in order
NoticeWhenDeliverySource
Notice that rent was not receivedRent not received within 5 days of the due dateCertified mail (required)RPL 235-e(d)
Late fee (optional)Only after 5 days late; max $50 or 5%, whichever is lessIn writing with the rent billRPL 238-a
14-day rent demandBefore a nonpayment caseServed under RPAPL 735RPAPL 711(2)

What the 235-e notice should say

  • Tenant name(s) and the unit address.
  • The rent period and due date.
  • A plain statement that the rent payment has not been received.
  • How to pay or contact you if the tenant believes it was paid.

It is not the 14-day demand

The certified-mail notice is a separate step from the 14-day rent demand. Send the 235-e notice once the 5 days pass; serve the 14-day demand by the methods RPAPL 735 allows if you plan to file.

A monthly habit, made easy

Because it applies every month a tenant is late, New York landlords send this notice often. The Landlord plan ($29/month) includes 5 certified notices, an address book and bulk upload for the 6th-of-the-month run.

Quick answers

Does the late rent notice have to be certified in New York?

Yes. RPL 235-e(d) specifically says certified mail.

What if I forget to send it?

The tenant can use your failure as an affirmative defense in a nonpayment proceeding.

Do I need a return receipt?

The statute says certified mail. A return receipt adds the signature and delivery date, which helps if the notice is disputed.

Does this apply to co-ops?

Some cooperatives may use another mailing method if their proprietary lease provides for it; check the statute's exception.

What to do next

Send the New York rent-not-received notice by Certified Mail for $14.99 ($17.99 with return receipt), or cover it monthly with the $29 Landlord plan.

Send the 235-e notice

Sources

Checked: . General information, not legal advice. Fees and rules change: confirm current values at the official links above.