What the law says
Real Property Law § 235-e(d): if a landlord (or an agent authorized to receive rent) fails to receive rent within five days of the date in the lease, the landlord "shall send the lessee, by certified mail, a written notice stating the failure to receive such rent payment." If the landlord doesn't, the tenant may use that failure as an affirmative defense in a nonpayment eviction case.
When to send it
Count five days from the due date, not counting the due date itself. For rent due on the 1st, the five-day window ends on the 6th, so this notice goes out on or after the 7th. The generator works this out from the date you enter and flags it if you pick a date that is too early.
How to send it
- Send it by USPS Certified Mail to the tenant. Keep the receipt and the tracking printout.
- A copy by regular mail or email is fine as an extra, but certified mail is the requirement.
- The PDF includes a Record of Mailing page for the article number and date.
What it is not
The 5-day notice does not start an eviction and does not replace the 14-day rent demand, which is a separate notice that must be served before a nonpayment case.
Late fees in New York
If your lease has a late fee, RPL § 238-a(2) allows it only if rent is not paid within five days of the due date, and caps it at $50 or 5% of the monthly rent, whichever is less.
Frequently asked questions
Do I have to send the 5-day notice by certified mail?
Yes. RPL § 235-e(d) specifies certified mail. (A narrow exception applies to certain co-ops whose proprietary lease allows another mailing method.)
What happens if I skip it?
The tenant can raise the missing notice as an affirmative defense in a nonpayment eviction case.
Is this the same as the 14-day rent demand?
No. They are two different notices. The 5-day notice reports that rent was not received; the 14-day demand gives the tenant 14 days to pay or move before a case can be filed.
Can I charge a late fee in the notice?
You can mention a lease late fee, but NY caps it at $50 or 5% of the monthly rent, whichever is less (RPL § 238-a). Late fees cannot be sought in a nonpayment case (RPAPL § 702).
Related notices
Sources
- N.Y. Real Property Law § 235-e (5-day late notice by certified mail)
- N.Y. Real Property Law § 238-a (late fee limit)
- N.Y. RPAPL § 702 (rent only; no fees in nonpayment cases)
- N.Y. General Construction Law § 20 (counting days)
- NY Courts: Landlord and Tenant forms
Statute text read on October 25, 2026. Laws change; check the source before relying on it.