5-Day Notice of Past Due Rent

Jurisdiction: United States | New York

What is a 5-Day Notice of Past Due Rent?

A 5-Day Notice of Past Due Rent is a written notice you send to a residential tenant in New York when you have not received the rent within five days of the due date stated in the lease. It tells the tenant that the rent was not received and documents the delinquency. In New York residential tenancies, sending this notice by certified mail is a legal requirement when rent is late. It is not an eviction notice, and it is not the 14-day rent demand. Think of it as a legally required “you’re late” letter that preserves your ability to take the next steps if the rent remains unpaid.

Who typically uses this form?

Residential property owners, landlords, and property managers use it as soon as the statutory five-day window passes without payment. Attorneys who represent landlords also prepare and send this notice on behalf of their clients. Although commercial landlords often send late rent letters as a courtesy or per lease requirements, the five-day certified notice requirement applies to residential rentals.

Why would you need this form?

You need it to comply with New York’s residential rent notice rules, to create a paper trail of nonpayment, and to prompt payment before delinquency escalates. If you skip this notice in a residential nonpayment case, the tenant may raise that failure as a defense. Sending it on time, and by the required method, positions you to serve a 14-day rent demand later if needed.

Typical usage scenarios include first-of-the-month rent not arriving by the sixth day, a mailed check that never showed up, an online payment that failed, a holiday or bank delay pushing delivery past five days, or a new tenant who misunderstands when rent is due. In each case, the 5-Day Notice of Past Due Rent documents non-receipt and asks the tenant to pay immediately. You can include the total amount owed and a simple ledger so the tenant sees the breakdown by month, rent, credits, and any lawful late fee.

It’s important to separate this notice from any formal rent demand that starts the eviction timeline. The 5-Day Notice of Past Due Rent stands alone. If the tenant still does not pay, you proceed to a 14-day rent demand and then, if necessary, a court case. Using the right notice at the right time helps avoid dismissal on technical grounds.

When Would You Use a 5-Day Notice of Past Due Rent?

You use this notice in a residential tenancy when the rent due date has passed and five full days have gone by without you receiving payment. For example, if the lease says rent is due on the 1st of the month and you do not receive rent by the end of the 6th, you send the notice on the 6th or as soon as possible thereafter. The notice should go by certified mail to the tenant’s address for service under the lease, typically the rented premises.

This notice is part of routine rent collection, not a sign of hostility. You send it when a tenant’s payment is late for any reason, including mail delays, banking errors, a returned check, or simple oversight. If the lease includes a grace period longer than five days, you still send the 5-day notice when you have not received rent by the fifth day after the due date, because the legal notice duty is tied to non-receipt within five days. Your grace period may control when you assess a late fee, but it does not change this notice requirement.

Landlords and property managers use the 5-Day Notice of Past Due Rent to make the delinquency clear, formal, and verifiable. In buildings with multiple tenants, standardizing this process helps you apply policies consistently and avoid discrimination or selective enforcement claims. If you manage subsidized housing or tenancies with a rental assistance component, you still send the notice when the tenant’s share or the combined payment is not received, and you itemize what portion is missing.

If you are handling a commercial lease, a 5-Day Notice of Past Due Rent is not the standard statutory step in New York. Commercial nonpayment proceedings follow different notice rules. That said, your commercial lease may require a written late notice, or you may choose to send one as a professional courtesy. Always check the lease; many commercial leases waive pre-suit rent demands or set their own timelines.

If the tenant pays after you send the 5-day notice, you stop here. You credit the payment, issue a receipt, and retain your proof of mailing. If the tenant doesn’t pay, you move to the 14-day rent demand, which is a separate notice with its own service rules.

Legal Characteristics of the 5-Day Notice of Past Due Rent

The 5-Day Notice of Past Due Rent is a statutory residential notice, not a contract and not a court filing. It becomes legally significant because New York law expects residential landlords to send a written notice by certified mail when rent is not received within five days of the due date. If you fail to send it, the tenant may raise that failure as a defense in a nonpayment case. Courts can dismiss cases for noncompliance with statutory notice requirements, which delays recovery and adds cost. Sending a timely, properly addressed notice supports the enforceability of your later actions.

Enforceability stems from three practical elements: timing, method, and accuracy. Timing means you send the notice promptly after the fifth day passes without payment. Method means you use certified mail to the tenant at the address specified in the lease, usually the premises. Accuracy means the notice clearly states the period and amount unpaid, without inflating the balance or including unlawful charges. You should keep a copy of the notice, the certified mail receipt, and tracking confirmation. This file becomes part of your evidence if you later need to show that you complied with all pre-suit requirements.

The 5-day notice does not terminate the tenancy and does not, by itself, authorize you to start an eviction. It also does not replace the 14-day rent demand, which is a separate prerequisite before filing a nonpayment case in court. Treat them as distinct steps. The 5-day notice is an early, statutory notice of non-receipt. The 14-day demand is a formal written demand for payment that starts the clock for a potential summary proceeding.

You should also consider fee restrictions. In New York residential tenancies, late fees are limited: you cannot charge a late fee until the rent is at least five days late, and any late fee is capped at the lesser of five percent of the monthly rent or $50. If you include a late fee that exceeds those limits, you run the risk of a court rejecting your amounts, which can undermine your case. If your lease mentions higher late fees, you still must follow the legal cap.

Be careful with partial payments. If you accept a partial payment after a rent demand (later step) is served, you may need to adjust your demand and, in some cases, serve a new one. For the 5-day notice, you can accept payment and send a follow-up receipt that shows the remaining balance, if any. If you accept partial payments, use clear language that acceptance does not waive your right to collect the remainder.

This notice does not require notarization. A signature from the landlord or authorized agent is sufficient. Because certified mail is required for residential tenancies, you do not serve this notice by hand delivery or email to satisfy the statute, even if your lease allows electronic communications for other matters. You can still email a courtesy copy, but the certified mailing is what counts. Always mail to each adult tenant named on the lease to avoid disputes about who received notice.

Finally, apply the process consistently for all units and tenants. Consistency reduces risk of claims that you are targeting certain tenants. Keep your tone factual and neutral. You’re documenting a late payment and asking for prompt cure, not accusing the tenant of wrongdoing.

How to Fill Out a 5-Day Notice of Past Due Rent

Follow these steps. Keep your sentences short and factual. Avoid legal jargon. Complete all fields, print clearly, and attach a ledger if helpful.

1) Title and date

• Put “5-Day Notice of Past Due Rent” at the top.
• Enter the date you are preparing the notice. This should be on or after the day the rent becomes five days late. Example: Rent due May 1; not received by May 6; date the notice May 6.

2) Landlord or agent information

• List the name of the landlord or property owner exactly as it appears in the lease.
• If you are a property manager or attorney, list your firm name and state that you are the authorized agent.
• Include a mailing address, phone number, and email for questions or to arrange payment.

3) Tenant information

• List the full names of all adult tenants named on the lease. Use the same spelling as the lease.
• If there are co-tenants, include each name on the notice. Send a separate certified mailing to each named tenant if you want individual proof of notice.

4) Premises

• State the street address of the rental unit, including apartment number and zip code.
• If the lease identifies a specific unit number or building name, include it.

5) Lease details

• Identify the lease start date and, if applicable, the end date, or that it is now month-to-month.
• State the monthly rent amount and the rent due date as stated in the lease (for example, “Rent is due on the 1st of each month”).

6) Statement of non-receipt

• Use clear, direct language. Example:

“This notice is to inform you that your rent payment for [Month and Year] due on [Due Date] has not been received within five (5) days of the due date.”

• Keep the tone neutral. You are documenting non-receipt, not making accusations.

7) Amount due and itemization

• Provide the total past-due amount as of the date of the notice. Break it down by:
• Base rent for the month(s) unpaid.
• Lawful late fee, if applicable. Remember, you cannot assess a late fee until the rent is at least five days late, and it is capped at the lesser of five percent of monthly rent or $50.
• Any credits, prior partial payments, or concessions.
• Example itemization:
• June 2025 Rent: $2,000.00
• Late Fee (lesser of 5% or $50): $50.00
• Prior Credit: ($100.00)
• Total Due: $1,950.00
• If there are multiple months unpaid, list each month separately. Do not include prohibited fees or charges not authorized by the lease and law.

8) Payment instructions

• Tell the tenant exactly how to pay and where. Include:
• Accepted methods (check, money order, online portal).
• Payee name for checks or money orders.
• Physical delivery address or secure drop box location and hours.
• Online portal URL or instructions if you accept electronic payments.
• If you accept only certified funds after a certain date, say so plainly. Example: “Payments after the 10th must be by money order or cashier’s check.”

9) Request for prompt payment

• Ask for immediate payment without conflating this notice with a 14-day rent demand. Example:

“Please remit the total amount due immediately. If you have already sent payment, please contact us with the date and method so we can confirm receipt.”

• Avoid adding new deadlines that could confuse the 14-day demand timeline you might use later.

10) Contact for questions and disputes

• Offer a named contact person. Example:

“If you have questions about the amount due or believe you received this notice in error, contact [Name] at [Phone] or [Email].”

• If the tenant has a pending rental assistance application, invite them to provide the case number and caseworker contact so you can coordinate.

11) Certification of mailing method

• State that you are sending the notice by certified mail. Leave space to add the certified mail tracking number once you have it.
• Example line: “Mailed by certified mail on [Date]. Certified Mail No.: [Tracking Number].”
• You will complete the tracking number after you receive the receipt at the post office. Keep the receipt and postal proof of mailing with your file copy.

12) Signature

• Sign and print your name and title (Owner, Property Manager, Attorney for Landlord).
• Include the date of signature.
• No notarization is required.

13) Optional attachments

• Attach a running ledger showing the tenant’s charges, payments, credits, and balance. This helps avoid disputes and supports accuracy.
• If the tenant paid part of the rent, show that credit and the remaining balance.

14) Make copies and file

• Print and sign the original notice for mailing.
• Make a full copy for your records, including all attachments.
• After mailing, staple the certified mail receipt and tracking printout to your file copy. Note the date you mailed and the post office used.

15) Mailing

• Address the certified mailing to the tenant(s) at the premises address unless your lease lists a different address for notices.
• If there are multiple tenants, send a certified mailing to each tenant named on the lease or one mailing addressed to all tenants, based on your practice. Individual mailings provide clearer proof that each tenant received notice.
• Mail as soon as you confirm that five days have passed without receipt of rent. Do not backdate.

16) Recordkeeping

• Keep a log with:
• Date rent was due.
• Date you determined payment was not received.
• Date you mailed the 5-day notice.
• Certified mail numbers and delivery status.
• Any tenant communications and payments received afterward.
• Good records help you resolve disputes quickly and support you in court if needed.

17) After you send the notice

• If the tenant pays in full, issue a written receipt and update your ledger. Send a brief confirmation letter or email that the account is current.
• If the tenant pays partially, document the amount, send a balance notice, and decide whether to accept partial payments going forward. Keep in mind that later steps toward eviction may require you to serve a fresh demand if the amount due changes.
• If no payment arrives, prepare a 14-day rent demand. That is a separate notice with specific service rules and content. Do not combine it with the 5-day notice.

Practical examples

• Single-month delinquency: Rent is $1,800 due on the 1st. On the 6th, you have not received payment. You prepare the notice on the 6th, itemize $1,800 rent plus a $50 late fee (cap applies), and send by certified mail the same day. The tenant pays on the 8th by money order. You issue a receipt and close the matter.

• Multi-month delinquency: Rent is $2,200, due on the 1st. The tenant missed April and May. On May 6, you prepare a notice that itemizes April rent, May rent, and a single $50 late fee for each month that is at least five days late, staying within the cap and your lease terms. You send by certified mail. If no payment arrives, you follow with a 14-day rent demand that reflects the updated total.

• • Subsidy scenario: Tenant share is $600; a rental assistance program pays $1,400. Neither payment arrived by the 6th. Your notice states the full unpaid amount and itemizes the tenant share and the assistance portion separately. You ask the tenant to contact you with the assistance case number so you can coordinate, but you still request immediate payment of the tenant’s share.

Common Mistakes to Avoid

• Mailing too early: Do not send this notice before the five-day mark has passed. The trigger is non-receipt within five days of the due date.
• Skipping certified mail: Email or regular mail alone does not satisfy the residential notice requirement. Use certified mail and keep proof.
• Inflating the balance: Do not add unlawful late fees or unrelated charges. Stay within the late fee cap and your lease.
• Mixing notices: Do not merge the 5-day notice with a 14-day rent demand. Keep each notice separate with its own service method and content.
• Poor records: If you do not keep copies and mailing receipts, you may struggle to prove compliance later.

Tone and content tips

• Be concise and factual. State what is owed and for which months. Avoid commentary.
• Use plain language. Short sentences reduce confusion and disputes.
• Invite communication. Tenants often respond faster when you give a specific person to contact and provide clear payment options.
• Apply the same process to all units. Consistency supports fair housing compliance and strengthens your position in court.

If you follow these steps, you will produce a compliant, useful 5-Day Notice of Past Due Rent that protects your rights, encourages prompt payment, and keeps your options open for the next step if needed.

Legal Terms You Might Encounter

• You may see a few recurring terms as you prepare this notice. Understanding them will help you fill out the form cleanly and avoid disputes. Think of each term as a label for a specific point in time, a role, or a process step.
• The term landlord refers to you or your ownership entity. It ties to the signature block and the return address. Use the exact entity name from the lease, not a nickname. Tenant means the person or people listed on the lease. You must name every tenant of record in the notice. If the lease lists multiple tenants, address each one. The premises are the rental property. Write the full street address and unit number as it appears in the lease. This ensures the notice links to the correct space.
• Rent due date is the date the rent was required under the lease. State that date clearly in the notice. If the lease has a grace period, that is the extra time to pay without a late fee. A grace period does not remove the due date. It only delays penalties. Make sure you still show the due date and the amount unpaid as of this notice. The notice period is the five-day window you are giving before you take the next steps. Count it as your form directs. If you set a date by which payment must arrive, write the calendar date, not just “five days.”
• Cure means fix the problem within the time allowed. In this context, cure means the tenant pays the past due amount. State how the tenant can cure. Give specific payment options that you accept. A default occurs when the tenant does not cure within the time you set. The notice records the missed payment and starts the record of default. If you refer to a default later, this notice supports it.
• Service is how you deliver the notice. Many owners use email as one backup method. Proof of service is the documentation that you sent. That may be a certificate of mailing, a tracking page, or a signed affidavit. Keep both the original and the proof. If your notice has a certificate of service section, complete it and date it the day you deliver.
• Late fee is a charge the lease allows after the grace period. Do not invent fees. Show the base rent due. Show any late fee only if the lease allows it and the timing supports it. A waiver is when you give up a right by what you say or do. If you take a partial payment and do not reserve your rights, a court may find you waived the default for that month. Include a simple reservation of rights when you accept less than the full balance.
• A rent ledger is your month-by-month record of charges, payments, and balances. It helps you calculate the amount due and respond to disputes. You do not have to attach it unless you choose to. Keep it current in case you need to show how you reached the total. A managing agent is a person or firm you authorize to act for you. If a manager signs or serves notices, make sure the lease or a written authorization supports that role. The business day concept matters if your form or lease uses it to count days. If your form counts calendar days, state a due date that is clear. Clarity reduces arguments about timing.
• Finally, the delivery method refers to how you send the notice. Notices often use mail plus a second method. Certified mail can create a paper trail. First-class mail can be faster and cheaper. Hand delivery and posting can provide quick notice if allowed. Your form may include checkboxes. Check only the methods you used and keep the receipts. That way, your proof matches your statement in the notice.

FAQs

Do you have to send a 5-day notice every time rent is late?

You should send a notice whenever the rent is past due. The notice documents the missed payment and gives a short cure window. Even if the tenant often pays late, send it. Consistency builds a clean record. It also helps you track follow-ups and deadlines in a uniform way.

Do weekends and holidays count in the five days?

Unless your form or lease says “business days,” count calendar days. To avoid confusion, list the exact due-by date in the notice. If the last day falls on a day you do not accept payments, state the next day you will accept them. Provide a clear contact and payment location so the tenant can perform.

Do you need to include late fees in the amount due?

Only include a late fee if the lease allows it and the fee has accrued. If you are not sure, list the base rent due and note that late fees may apply under the lease. Do not inflate the demand. Overstating the amount can create defenses and delay resolution.

Do you need the tenant’s signature on the notice?

No. You sign the notice. The tenant does not. The goal is to give notice, not to get agreement. Keep proof of delivery. If the tenant signs a receipt, keep that too. But do not wait for a tenant signature to start your five-day clock.

Can you email the notice instead of mailing it?

You can email as a courtesy if the tenant uses email for routine communications. Email alone, however, may not be enough. Use a delivery method that creates proof and aligns with your lease’s notice clause. If you email, say it is a courtesy copy and still send by your formal method.

What happens after the five days if the tenant does not pay?

You decide your next step based on your lease and local rules. Many owners send a follow-up demand or start a nonpayment process. This five-day notice itself does not evict anyone. It documents the missed rent and your effort to resolve it promptly. Keep your file tight in case you need to escalate.

Do you have to send separate notices to roommates?

Yes. Address each tenant of record. If your lease lists multiple tenants, send a notice to each one at the premises address. If you have separate mailing addresses for a tenant, send a copy there too. More copies reduce claims of lack of notice.

Can you accept partial payment during the five days?

You can. If you do, give a written receipt. State that the balance remains due. Add a reservation of rights if you intend to pursue the remainder. Then update your ledger and decide whether to send an updated notice. Do not lose track of the short cure window while you discuss payment plans.

What proof should you keep after sending the notice?

Keep a signed copy of the notice, any mailing receipts, tracking confirmations, and a copy of any email or text message. If you hand deliver, write when, where, and to whom. If you post at the unit, note the date, time, and location. Store this with your lease and ledger.

Checklist: Before, During, and After the 5-Day Notice of Past Due Rent

Before signing

• Lease agreement and any addenda.
• Full legal names of all tenants of record.
• Property address and unit number exactly as in the lease.
• Rent ledger showing charges, payments, and current balance.
• Due date and any grace period terms from the lease.
• Breakdown of base rent, late fee (if applicable), and other charges.
• Your ownership entity name and mailing address.
• Authorized signer’s name and title.
• Tenant mailing address(es) for formal notices.
• Supplies for service: envelopes, postage, certified mail forms if used.
• Calendar to record the five-day deadline and follow-up date.
• A blank copy of the form and a black pen or digital signature tool.

During signing

• Verify the notice date is correct and today’s date.
• Confirm tenant names match the lease spelling and order.
• Confirm the premises address and unit number are exact.
• State the rent due date that triggered the notice.
• State the total amount past due as of the notice date.
• If you list a breakdown, double-check each number.
• Set a clear payment deadline by calendar date, not just “five days.”
• State where and how the tenant can pay. Include hours if paying in person.
• Include your contact information for questions about the amount.
• Add a reservation of rights if you might accept partial payment.
• Complete the certificate of service or delivery section, if present.
• Sign and print your name and title. Initial any corrections.
• Make copies before you deliver. Keep one clean copy in your file.

After signing

• Deliver the notice by your chosen method(s). Mail on the same day if possible.
• If you use certified or other trackable mail, keep the receipt and number.
• If you hand deliver, write down the date, time, and person served.
• If you post on the door, note the exact location and take a time-stamped photo.
• Send a courtesy email copy if useful, and label it as such.
• Update your calendar with the cure deadline and a follow-up task.
• Record the notice in your rent ledger notes.
• If the tenant pays, issue a receipt and update the balance immediately.
• If partial payment arrives, document the remaining balance in writing.
• After the deadline, decide whether to send a follow-up demand or escalate.
• Store all documents together: lease, ledger, notice, proof of service, receipts.
• Keep your file organized and ready in case you need to show your steps.

Common Mistakes to Avoid 5-Day Notice of Past Due Rent

• Misstating the amount due. If you include the wrong balance, you invite disputes. Double-check your ledger and any late fee rules. Don’t forget to exclude fees that have not yet accrued.

• Naming the wrong parties or address. An incorrect tenant name or unit number can undermine the notice. Match the lease exactly. Don’t forget to include every tenant of record.

• Skipping proof of delivery. Without proof, you may not be able to show timely notice. Use a method that creates a paper trail. Don’t forget to keep tracking confirmations and receipts.

• Mixing threats with the notice. Overreaching language can backfire and create defenses. Keep the tone factual and neutral. Don’t suggest outcomes you cannot or will not pursue.

• Waiting too long to follow up. If you let the deadline pass without action, your notice loses impact. Set a follow-up date when you mail the notice. Don’t forget to act on that date.

What to Do After Filling Out the Form 5-Day Notice of Past Due Rent

1. Send the notice promptly. Mail and any backup method the same day you sign. Timely delivery supports your timeline and reduces confusion.
2. Track delivery. Save postal receipts and tracking pages. If you email a courtesy copy, save the sent email. If you hand deliver or post, write a brief service log.
3. Monitor the cure window. Mark the deadline on your calendar. Plan time to process payments the day they arrive. Be available to answer questions about the amount.
4. Handle payments. If paid in full, issue a receipt and close the notice in your file. If partial payment arrives, document the balance and your reservation of rights. Decide if you will accept a plan or require the remaining balance by a set date.
5. Communicate clearly. If the tenant calls, confirm the total due and payment options. Send a short follow-up note if you agree on a plan. Keep your tone factual and consistent with the notice.
6. Prepare next steps if unpaid. After the deadline, decide whether to send a further demand, start a nonpayment proceeding, or offer a short extension. Base your choice on your lease and your collection policy. Keep the file complete in case you escalate.
7. Amend if you find a material error. If you discover a wrong amount or date, issue a corrected notice. Label it “Corrected” with a new date. Serve it the same way and reset your follow-up date.
8. Distribute internally. Share copies with your property manager or bookkeeper. Note any payment plan terms. Make sure your team handles acceptance of funds consistently with your instructions.
9. Store records securely. Keep the notice, proof of service, ledger, lease, and receipts in one digital folder and one paper file. Use consistent file names and dates. Retain records for your standard period.
10. Review and refine your process. After you close the matter, review what worked. Adjust your template language, delivery methods, and tracking steps. A tight process reduces disputes and speed bumps next time.