NY RPAPL 711(2)
Pursuant to RPAPL 711 (2), a summary proceeding may be maintained to remove a tenant from possession for failing to pay the rent owed for the premises after a demand for the rent has been made or at least three days' notice in writing has been given requiring either the payment of the rent or possession of the premises.
Proof that a proper demand for rent was made is a jurisdictional prerequisite for the maintenance of a non-payment summary proceeding (Schwartz v. Weiss-Newell, 87 Misc 2d 558, 386 NYS2d 191 (Civ. Ct., NY County, 1976).
The purpose of the demand is to give tenants an opportunity to cure the alleged default by making a payment as well as to advise tenants of the risk of forfeiture and eviction if the default is not cured.St. James Court, L.L.C. v. Booker, 176 Misc 2d 693, 673 NYS2d 821(Civ. Ct, Kings Co. 1998).
This purpose is defeated if tenants are given an inaccurate, vague or equivocal demand. Id. at 695.
Accordingly, a proper demand for rent must fairly afford the tenant, at least, actual notice of the alleged amount due and of the period for which such claim is made.
At a minimum, the landlord or his agent should clearly inform the tenant of the particular period for which a rent payment is allegedly in default and of the approximate good faith sum of rent assertedly due for each such period.
** In 2019, RPAPL 711 changed from 3-day notice to 14 day notice.