If you’re a landlord in New York and your tenant has fallen behind on rent, issuing a proper five day notice to pay rent or quit is usually the critical first step before you can file for eviction. Over the past 12 years of drafting and reviewing thousands of landlord-tenant documents across the country, I’ve seen countless landlords lose weeks (and sometimes their entire case) simply because they used an outdated or incomplete 5-day demand letter.
This article gives you a free, attorney-reviewed 5 day notice to quit template that complies with New York Real Property Actions and Proceedings Law (RPAPL) § 711 and the latest 2024-2025 requirements, plus step-by-step guidance on how to fill it out, serve it correctly, and avoid the most common mistakes that get cases dismissed in housing court.
Download the free Word and PDF versions at the bottom of this page.
A five day notice to pay rent (commonly called the “landlord’s five day notice”) is a written demand that gives a tenant five full days to either pay all past-due rent or move out. In New York, this document is formally known as a 5 day rent demand notice and can be served either orally or in writing—BUT using a clear written five day notice to vacate is by far the safest and most court-accepted method.
If the tenant does not pay or vacate by 11:59 p.m. on the fifth day, you may then file a nonpayment eviction petition (summary proceeding) in your local city, town, or district court.
While New York still technically allows an oral rent demand in nonpayment cases, the courts and the New York State Unified Court System strongly recommend—and in many jurisdictions effectively require—a written demand, especially after the 2019 Housing Stability and Tenant Protection Act (HSTPA) and subsequent COVID-era rulings.
Key situations where a written 5 day notice to quit is mandatory or highly recommended:
Source: NY RPAPL § 711(2) and NYC Housing Court Nonpayment Procedures
Click the buttons below to download my current 2025-compliant template. I update these files every January and after any major legislative change.
Download Word (.docx) Download PDF
Both versions include fillable fields and instructions in brackets.
Follow this line-by-line walkthrough I use with my own landlord clients:
| Field | What to Enter | Common Mistakes |
|---|---|---|
| Date of Notice | Date you are preparing/serving the notice | Backdating or post-dating |
| Tenant Full Name(s) | Exactly as on the lease, including “John Doe” and “Jane Doe” if unknown occupants | Leaving off a tenant |
| Premises Address | Full address including apartment number and borough if NYC | Wrong zip code |
| Amount Due | Break down by month and exact amount (e.g., “October 2025 rent: $2,400.00”) | Lumping everything as “back rent” |
| Payment Instructions | Where and how to pay (Zelle, certified check, online portal, etc.) | No payment method listed |
| Five-Day Deadline | Calculate exactly five days (exclude the day of service) | Counting wrong days |
New York uses the “clear days” rule. If you personally serve the notice on Monday, November 20, 2025:
Weekends and holidays are included unless the fifth day falls on a weekend or court holiday, then it rolls to the next business day for filing purposes only.
Unlike the later Petition and Notice of Petition (which require formal process server or nailed-and-mailed), the initial rent demand can be served by:
I always recommend the “triple service” method (personal attempt + conspicuous posting + certified/regular mail) to eliminate any dispute later.
If the tenant still has not paid or moved out:
Having a rock-solid written 5 day rent demand notice New York template in the court file makes judges far less likely to dismiss on technicalities.
Can I charge late fees in the five-day notice?
Yes, but only if your lease allows it and you itemize them separately.
Do I have to accept partial payment?
No. You may reject partial payment and still proceed after the five days.
Is the template valid outside New York City?
Yes—works in Buffalo, Rochester, Albany, Syracuse, and all towns and villages statewide.
What if the tenant is on Section 8?
You still must serve the 5-day demand on the tenant, and separately notify the housing authority.
This five day notice to pay rent template and article are for informational purposes only and do not constitute legal advice. Landlord-tenant laws change frequently, and your specific situation may have unique facts. Always consult a licensed New York attorney or legal aid organization before serving any eviction-related document. Neither the author nor this website will be responsible for any losses resulting from use of this template.
Sources: New York Real Property Actions & Proceedings Law § 711, New York State Courts website (nycourts.gov), IRS rental income reporting guidelines (irs.gov).
Ready to serve a bulletproof demand? Grab the files below—no email required:
Download 5 Day Notice to Pay Rent or Quit – Word
Download 5 Day Notice to Pay Rent or Quit – PDF
Last updated: November 2025. Bookmark this page—I update the template immediately after any legislative changes.