Rent Demand
(Commercial Eviction) (NY)

Summary

This rent demand can be used in New York to give a commercial tenant in default for the nonpayment of rent the statutorily required notice that if the tenant does not either pay the rent or vacate the leased premises within 14 days, the landlord will commence a summary non-payment proceeding. This template includes practical guidance and drafting notes. Prior to the commencement of a summary non-payment proceeding in New York, a landlord is statutorily required under Real Property Actions and Proceedings Law (RPAPL), to serve tenant with a written demand for the rent. The rent demand must provide the tenant with at least fourteen 14 days' notice and require either the payment of the rent or the surrender of possession of the premises. N.Y. Real Prop. Acts. Law § 711(2). While the statute provides that the landlord must give the tenant "at least fourteen days" notice to pay the rent and cure its rent default, it only sets forth the minimum payment-demand period, which timeframe can be expanded by the parties' agreement. Accordingly, prior to serving this demand, it is important to review the lease to determine whether the landlord needs to provide the tenant with a payment period greater than the statutory minimum. Under RPAPL § 711(2), service of the rent demand must be made in accordance with RPAPL § 735, which governs service of the pleadings – the notice of petition and petition – in summary proceedings. Specifically, pursuant to RPAPL § 735, the rent demand (and notice of petition and petition) can be served upon the tenant by any one of three methods: (1) personal delivery, (2) substituted service to a person of suitable age and discretion who is employed at the premises sought to be recovered, or (3) if upon after "reasonable application" service cannot be effected by personal or substituted service, by conspicuous-place service (i.e. by affixing the rent demand to a conspicuous part of the premises). N.Y. Real Prop. Acts. Law § 735. For information on commercial evictions in New York, including drafting and serving a rent demand, see Commercial Eviction (NY).