Written Demand for Past Due Rent

Jurisdiction: Country: United States | Province/State: New York

What is a Written Demand for Past Due Rent?

A Written Demand for Past Due Rent is a formal notice. You send it to a tenant to request unpaid rent. It states what is owed, for which periods, and how to pay. It sets a deadline to cure the nonpayment. It also warns what will happen if the tenant does not pay.

In New York, this notice does more than ask for payment. It can serve as the required “rent demand” before you start a nonpayment eviction case. New York law requires that the landlord give the tenant at least 14 days to pay. A written demand creates a clear record. It shows that you told the tenant the amount due and gave a fair chance to cure. If you later file in court, the notice helps prove you met the prerequisite.

Landlords and property managers use this form the most. Attorneys who represent landlords use it as well. Commercial property owners also use it with business tenants. Tenants themselves do not fill out the form. But if you are a tenant, you may receive it. Understanding the notice helps you respond quickly and correctly.

You would use this form when rent is overdue. You may also use it to document partial payments and the remaining balance. You send it if the lease requires a written demand before late fees or other steps. You use it when you plan to start a non-payment case if rent is not paid. It is key if you manage many units and need a consistent process.

You might send a demand after the first missed payment. You might also send it after repeated late payments to set a clear deadline. For commercial tenants, you use it to enforce the lease and preserve your rights. For residential tenants, you use it to comply with New York’s 14‑day rent demand rule.

The notice usually includes the landlord’s name and contact details. It names the tenant and the rental address. It lists the months and amounts due. It sets a 14‑day cure period. It lists how to pay and where. It states the next step if the tenant does not pay. You sign and date it. You then arrange proper service and keep proof.

When Would You Use a Written Demand for Past Due Rent?

You use this form when a tenant is behind on rent in New York. The timing depends on what you plan to do next. If you might start a nonpayment eviction, send a compliant 14‑day rent demand. Do this before you file. If you want to resolve the balance without a court, send the notice to set a clear deadline. It shows you tried to solve the issue.

Suppose rent is due on the first and unpaid on the sixth. You should send a five‑day late notice by mail as required in New York. If rent remains unpaid, you should then send this written demand. It gives a 14‑day window to cure. If the tenant pays in full within that time, you must accept it. If not, you may move forward with a nonpayment case.

If partial payments are common, the demand helps you reset the ledger. For example, if the tenant paid half of May and none of June, note both. The demand should show each month, each payment, and the remaining total due. Clarity reduces disputes and speeds resolution.

For a small residential building, you might send this after one missed month. For a large portfolio, you might send it when a resident is 10 or 15 days late. For a retail or office tenant, you would send it in line with the lease. Many commercial leases require a separate notice and a specific delivery method. You can meet both the lease and the 14‑day statutory demand in one letter if you draft it carefully.

Use the demand when the lease says that fees or expenses are “additional rent.” In commercial cases, that often applies. In residential cases, treat only rent as rent. You should not base a residential nonpayment case on fees or charges other than base rent. If you need to collect other amounts, you may demand them. But do not rely on those items to support a nonpayment eviction.

If a tenant has a voucher or subsidy, use the demand to request only the tenant’s share. List the subsidy component separately for clarity. If a housing program has extra notice rules, follow those rules as well. This helps avoid delays or dismissal if you go to court.

If you are a tenant, you would not use this form. But if you receive it, read it closely. Check the amounts. Compare them to your receipts and bank records. If you see an error, respond in writing with proof. If you can pay within the cure period, do so. That stops a nonpayment case.

Legal Characteristics of the Written Demand for Past Due Rent

A Written Demand for Past Due Rent is not a contract. It does not create new obligations. It is a notice that you send to enforce the lease and the law. In New York, it is a required step before filing a nonpayment case. Courts look at the content and service of the notice. If it is wrong, the court may dismiss your case, and you will need to start over.

The notice is effective because it sets a clear cure period. In New York, you must give at least 14 days after the tenant receives the demand. The notice should state the exact amount due. It should itemize months and charges. It should list only rent or clearly separate rent from other charges. For a residential tenant, do not rely on late fees, utilities, or other non‑rent charges to support an eviction. If your lease defines items as “additional rent,” that may work for commercial tenants. For residential units, stick to base rent in your demand if you plan to file a nonpayment case.

Enforceability depends on proper service. In New York, service of the rent demand must follow specific methods. Use personal delivery to the tenant where possible. If not, use delivery to a person of suitable age at the premises, plus mailing. If that fails, use a conspicuous “nail and mail” service, which requires posting and mailing. Do not serve it yourself. Have a qualified adult who is not a party serve it. Keep a sworn affidavit of service. Courts will ask for proof.

Content also matters. The demand should name the parties and the premises. It should state the rent periods and dollar amounts past due. It must give a clear 14‑day cure period from receipt. It must state that failure to pay may result in a summary proceeding for possession and rent. It should give exact payment instructions. It should be signed by the landlord or an authorized agent. Use plain language. Avoid unclear or misleading charges.

New York limits late fees for residential tenancies. Do not demand a late fee higher than the cap. Do not add a late fee until rent is five days late. New York limits security deposits and how you can use them. Do not apply the deposit to rent mid‑tenancy unless the tenant agrees in writing. Do not threaten lockouts or shutoffs. Self‑help is illegal in New York. Stick to proper legal steps.

If a lawyer or property manager sends the notice to collect a past‑due balance, debt collection rules may apply. Use accurate statements. Do not misstate amounts due. Do not imply legal steps you do not intend to take. If a lease offers attorneys’ fees to the prevailing party, you can state that you may seek fees as allowed. Do not include attorneys’ fees in the rent total unless the lease and the law permit it.

Acceptance of payment affects rights. If a tenant pays the full rent within the 14‑day window, accept it. That cures the default. If you accept partial payment during the cure period, you may still proceed for the rest. If you accept any rent after the cure period, you may waive the demand. Many courts will require a new demand for the remaining balance. Preserve your rights in writing if you accept partial payment. Even with a reservation of rights, be prepared to issue a new demand if the court requires it.

Service timing can be critical. The 14‑day period starts after proper service, not the date on the notice. Count the days carefully. Do not file early. Build in mailing time if you did not accomplish personal delivery. Keep copies of the demand, the ledger, and the affidavit of service. These documents will support your case if you file.

How to Fill Out a Written Demand for Past Due Rent

Start by gathering your documents.

You need the signed lease or rental agreement. You need a current rent ledger. You need the tenant’s full legal name. You need the rental address and unit number. You need your contact information and payment options. Confirm what the lease says about notices and “additional rent.”

Create a clear header.

At the top, write the title: “Written Demand for Past Due Rent.” Add the date you prepare the notice. Add your name or company name, address, phone, and email. If you use a property manager, identify the manager and the owner. Clarity helps the tenant know who to contact.

Identify the tenant and the premises.

Write the full name of each adult tenant on the lease. Use the exact names from the lease. Write the street address, unit number, city, state, and ZIP code. Accuracy here reduces disputes about service or identity.

State the lease details.

Mention the lease start date and, if applicable, the end date. State the monthly rent amount. State the due date for rent (for example, the first day of each month). If the tenancy is month‑to‑month, state that as well. This anchors your demand in the lease terms.

Itemize the rent due.

Create a simple list in paragraph form. For example: “Rent for May 2025 in the amount of $1,800 is unpaid. Rent for June 2025 in the amount of $1,800 is unpaid. You made a partial payment of $900 on May 20, 2025. The current total rent due is $2,700.” Break it down month by month. Show partial payments and credits. Show the subtotal and the total due. Keep it clean and easy to read.

Separate non‑rent charges.

If you believe late fees or other amounts are owed, list them in a separate paragraph. Do not include those in the “rent” total if you plan to start a residential nonpayment case. For example: “A late fee of $50 is assessed for May 2025.” State that these charges are not part of the rent total for eviction purposes. For commercial tenants, follow the lease’s “additional rent” clause, if any.

Apply New York late fee limits.

For residential units, do not exceed the legal cap. Do not assess a late fee unless the rent is five days late. If your lease sets a higher fee, do not demand it. Use the lawful amount only. If in doubt, state that late fees are reserved and will be adjusted to the legal limit.

State the 14‑day cure period.

Use clear language. For example: “You must pay the total past‑due rent stated above within fourteen (14) days after you receive this notice.” Avoid ambiguous phrases like “within two weeks” or “by mid‑month.” The cure period must start on receipt, not the date of the letter.

Explain how to cure the default.

Tell the tenant how and where to pay. List accepted payment methods, such as online portal, check, money order, or cash at a specific office. Provide the address for in‑person or mail delivery. Give business hours for the office. If you accept online payments, include the portal name and any needed account number. Tell the tenant to include their name, address, and unit on the payment.

State the consequence of nonpayment.

Again, be clear and accurate. For example: “If you do not pay the past‑due rent within fourteen (14) days after you receive this notice, we will start a court proceeding to recover possession of the premises and the rent owed.” Avoid threats that the law does not allow. Do not mention lockouts or utility shutoffs.

Add a reservation of rights.

If you may accept partial payments, reserve your rights in writing. For example: “Any partial payment accepted will be applied to your balance. Acceptance of partial payment does not waive our right to demand the full balance.” Even with this language, be ready to send a new demand if you accept rent after the cure period.

Include contact information for questions.

Provide a phone number and email that the tenant can use to discuss the balance. Invite the tenant to send proof of payment if they believe the ledger is wrong. A clear contract helps resolve disputes before the court.

Add required notices if applicable.

New York requires a separate five‑day late rent notice by mail when rent is five days late. If you already sent it, you can note that. If you have not, send it by certified mail. This demand does not replace that five‑day notice. Treat them as separate steps.

Sign the notice. Print your name and title.

Sign and date the notice. If an attorney prepares it, the attorney may sign. If a property manager sends it, state the manager’s authority to act for the owner.

Prepare exhibits.

Attach a rent ledger that matches the amounts in the notice. Attach a copy of the lease if you plan to file soon. Do not attach unrelated documents. Keep the packet simple and focused on the amounts due.

Plan service.

In New York, serve the 14‑day rent demand using approved methods. Do not serve it yourself. Have an adult who is not a party serve it. Use personal delivery if possible. If not, use delivery to a person of suitable age at the unit plus mailing. If that fails, use conspicuous posting at the door plus mailing. Mail by first‑class mail on the same or next business day. Keep envelopes and mailing receipts. The server should complete an affidavit of service right away.

Track the cure period.

Count 14 days from proper service. If you used a substitute or conspicuous service, allow mailing time. Many practitioners add several days to avoid disputes. Do not file a court case early. Courts may dismiss cases filed before the cure period runs.

Handle payments during the cure period.

If the tenant pays in full, provide a receipt and close the matter. If the tenant pays part, give a receipt and issue an updated ledger. Decide whether to accept partial payment after the cure period. If you do, be prepared to send a new demand. If you plan to file, avoid accepting rent that could waive your claim.

Review common mistakes.

Do not misstate the rent or months due. Do not include fees as “rent” for a residential tenant. Do not set a cure period shorter than 14 days. Do not skip proper service. Do not threaten illegal actions. Do not rely on email or text for service unless the lease and the law allow it. These errors can delay your case and increase costs.

Keep records.

Save copies of the signed notice, ledger, lease, and any exhibits. Save the affidavit of service. Save proof of mailing. Keep notes of any calls or emails with the tenant. Good records support your credibility in court.

If you manage commercial property, tailor the notice to the lease. Many commercial leases require notice to specific addresses, sometimes by certified mail or courier. Follow those requirements, and still include the 14‑day demand language. Align the cure period with the statute. Some commercial leases have longer cure periods. You can give more time, but not less.

If you manage residential property, apply rules uniformly. Treat tenants consistently. Use the same form and deadlines for similar situations. Avoid language that singles out protected classes. Keep communications professional and focused on the rent and the cure.

By following these steps, you create a clear, accurate, and enforceable demand. You set a fair deadline and a simple path to a cure. You also protect your right to file a nonpayment case in New York if the tenant does not pay.

Legal Terms You Might Encounter

• Demand for rent means your written notice telling a tenant to pay. This form is the demand. It sets the amount due, deadline, and how to pay. You use it to document nonpayment and request a cure.
• Arrears mean unpaid rent or charges still owed. Your form should list arrears by month or period. Include any credits so your total due is exact.
• Default means a breach of the lease. Nonpayment is a common default. Your form should state that the tenant is in default for nonpayment. Keep the language factual and neutral.
• Cure or right to cure means the tenant’s chance to fix the default. Your form gives a clear cure date and what restores good standing. You remove the default only when the full cure occurs.
• Grace period means the extra days allowed after the rent is due. This window may be in the lease. Your form should note if the grace period expired before you issued the demand.
• Late fee means a charge for missed deadlines. You can only demand it if the lease allows it. List late fees separately. Do not include fees that are not permitted.
• Rent ledger means your detailed record of charges and payments. It supports the amount you claim in the form. Attach a recent ledger showing the balance due by date.
• Service of notice means how you deliver the demand. The lease may set methods and addresses. Your form should note the service method, and you should keep proof.
• Reservation of rights means you accept money without giving up claims. Include a reservation if you accept partial payment. This helps avoid arguments that you waived the full balance.
• Guarantor means a person who promises to pay if the tenant does not. Send the demand to the guarantor if one exists. Include the guarantor in your distribution list.

FAQs

Do you need to send a written demand before starting a nonpayment case?

Often yes. Your lease may require you to send a demand before taking action. Many courts also expect proof that you asked for payment first. The demand shows you gave notice, stated the amount, and offered a cure. It creates a clear paper trail. If you skip it, you risk delays or dismissal. Check the lease and follow its notice terms. Keep a copy and proof of delivery in your file.

Do you have to include an exact amount due?

Yes. List the exact amount due on a specific date. Break it down by month, rent, and any allowed fees. Include credits and prior payments. Avoid estimates or rounded figures. Attach a ledger if possible. A precise amount helps the tenant cure and reduces disputes. If the number changes later, send an updated ledger and confirm the new total in writing.

Do you have to accept partial payment?

No. You can refuse or accept with conditions. If you accept a partial payment, reserve your rights in writing. Say that acceptance does not waive the balance or remedies. Apply the payment per the lease or your policy. Document the allocation on the ledger. If you do not want a partial payment to affect next steps, make that clear. Keep every message and receipt.

How should you deliver the demand?

Follow the lease. It often lists permitted methods and addresses. Common methods include personal delivery, certified mail, or a process server. Some leases allow email if the parties agreed in writing. Whatever you choose, get proof. Keep a certificate of mailing, tracking, or an affidavit of service. Note the date and time of service on your file copy.

Can you add late fees and other charges?

Only if the lease allows them and they meet legal limits. Read the fee clause closely. Some charges must be listed as “additional rent” to be included. Itemize each fee and the date it accrued. Avoid adding charges not permitted by the lease. If a fee is uncertain, exclude it or label it “disputed” and seek clarification. Err on the side of accuracy.

Should you send the demand to the co-tenants and the guarantor?

Yes. Send it to each tenant named on the lease. Send it to any guarantor as well. Use the notice addresses in the lease. If a tenant moved, use the last known address and any updated address given in writing. Keep proof of service for each person. Consistent service reduces delays and defenses later.

What if the tenant disputes the amount?

Respond in writing. Share the rent ledger and any supporting pages. Invite the tenant to send proof of payment or credits. If you find an error, fix it and send a corrected total. Offer a short window to cure the revised amount. Confirm every agreement in writing. This keeps your record clean and minimizes later arguments.

What if the tenant pays after your deadline?

You can accept and close the matter. Send a receipt and confirm the account is current. If the payment is partial, confirm your reservation of rights. Update the ledger and note the cure status. If you plan to proceed anyway, explain why and point to the unpaid balance. Keep communications professional and consistent with the lease.

Checklist: Before, During, and After the Written Demand for Past Due Rent

Before signing

• Lease or rental agreement, including all addenda.
• Full tenant list and legal names for each occupant on the lease.
• Property address with unit number and any mail stop.
• Rent schedule, monthly rate, and due date.
• Rent ledger showing all charges, credits, late fees, and payments.
• Any grace period terms and written amendments.
• Fee schedule and whether fees are “additional rent.”
• Prior notices or emails related to nonpayment.
• Guaranty agreement and guarantor contact information.
• Payment options and instructions you will include.
• Confirm the notice address and delivery methods allowed by the lease.
• Internal authority to sign (owner, manager, or agent).
• Attachments to include (ledger, lease excerpt, payment instructions page).

During signing

• Verify tenant names match the lease exactly.
• Verify the property address, unit, and notice address.
• Confirm the total due as of a specific date.
• Break down the amount by month and charge type.
• Exclude any fee not allowed by the lease.
• Insert a clear cure deadline with a calendar date.
• Add a reservation of rights if you accept partial payments.
• State payment methods and where to send payment.
• Keep the tone factual and professional.
• Include your name, title, company, and contact information.
• Sign and date the demand. Use your authorized capacity.
• Attach the rent ledger and relevant lease pages to support the total.

After signing

• Make a complete copy for your records.
• Serve the demand using a permitted method.
• Keep proof of service (receipt, tracking, or affidavit).
• Note the service date and the cure deadline on your calendar.
• Send a courtesy reminder before the deadline if helpful.
• Track tenant responses and payments in the ledger.
• Confirm any payment plan in writing, with dates and amounts.
• If the tenant cures, send a paid-in-full confirmation.
• If the tenant does not cure, prepare your next step per the lease and law.
• Store all documents in a secure, organized file.

Common Mistakes to Avoid in Written Demand for Past Due Rent

• Listing vague or wrong amounts. If your math is off, the tenant can dispute the demand. You may need to resend and restart your timeline. Don’t forget to attach a ledger that proves the total.
• Serving only one tenant. Missing a co-tenant or the guarantor creates service gaps. That can delay your next steps. Don’t forget to serve everyone named in the lease.
• Adding charges not allowed by the lease. Unpermitted fees weaken your demand. They invite disputes and possible defenses later. Don’t forget to include only charges defined as rent or allowed fees.
• Skipping proof of service. If you cannot prove delivery, you risk dismissal later. Don’t forget to save certified mail receipts or an affidavit of service.
• Leaving out a clear cure deadline. Without a firm date, the tenant may claim confusion. You may have to issue a new demand. Don’t forget to set a calendar date and time.
• Silence on partial payments. Accepting money without reservation can waive rights. Don’t forget to reserve your rights if you take a partial payment.

 What to Do After Filling Out the Form: Written Demand for Past Due Rent

1. Choose your service method. Follow the lease. Use a method you can prove. Certified mail, personal delivery, or a process server are common. Record the method you used.
2. Serve each required party. Deliver the demand to every tenant named. Deliver it to the guarantor if one exists. Use the notice addresses in the lease.
3. Record your proof. Keep tracking numbers, receipts, or an affidavit of service. Note the date, time, and location of delivery. File these with your copy of the demand.
4. Calendar the cure deadline. Count the days from the service date if the lease requires that. Add a reminder a few days before the deadline. Add another on the deadline itself.
5. Monitor and respond. If the tenant reaches out, reply quickly. Share the ledger or answer questions. Offer payment options and the exact amount to cure.
6. Handle payments. When money arrives, issue a receipt. Update the ledger the same day. If it is partial, state your reservation of rights in writing. Confirm the remaining balance and due date.
7. Consider a short payment plan if a plan helps you recover faster, set clear terms. Get dates, amounts, and a default clause in writing. Keep the demand active until paid in full.
8. If the tenant cures, close the loop. Send written confirmation that the account is current. Thank the tenant and restate the next due date. Store all records.
9. If the tenant does not cure, prepare your next step. Review the lease and your proof of service. Gather all notices, communications, and ledgers. Decide your path forward with your internal team.
10. Correct errors promptly. If you find an error in the demand, issue a corrected version. Serve it the same way. Clearly label it “Corrected” and set a new cure deadline.
11. Distribute internally. Share the demand, proof, and ledger with your property team. Give access to accounting, compliance, and your assigned manager. Align on messaging and next steps.
12. Maintain a clean file. Keep the demand, proof of service, ledger, emails, texts, receipts, and notes together. A complete file saves time if you need to escalate.