New York rent receipt law: what the receipt must show, when it is due, and the five-day notice
Real Property Law 235-e requires a New York landlord to give a written receipt for rent paid in cash or by any instrument other than the tenant's personal check, and for a personal check when the tenant asks in writing. It sets the receipt's contents, an immediate or 15-day deadline and a three-year record for cash.
When must a New York landlord give a receipt?
The landlord or an authorized agent must give a written receipt when rent is paid in cash or by an instrument other than a personal check. That reaches money orders and cashier's checks as well as cash.
A tenant who pays by personal check can request a receipt in writing. Unless the tenant says otherwise, the request lasts for the whole tenancy, so one written request covers every later check.
What must the receipt show?
- The date of the payment.
- The amount.
- The premises.
- The period for which the payment is made.
- The signature of the person receiving it, with that person's title.
New York is more specific than most states on this point, so a receipt that follows the list needs no guesswork.
How fast must it be given?
A payment delivered in person gets an immediate receipt. A payment that arrives indirectly, such as by mail, gets a receipt within fifteen days.
Example a made-up tenant mails a money order for $1,300 that you receive on the 2nd. The receipt is due no later than the 17th. If the tenant had handed it to you, the receipt would be due at that moment.
How long must cash records be kept?
The landlord must keep records of cash rent receipts for at least three years. A dated log, with a copy of each receipt, covers it.
What is the five-day notice?
The same section says that if rent is not received within five days of its due date, the landlord or agent must send the tenant a notice of the missed payment by certified mail. A failure to send it can be raised by the tenant as an affirmative defense in a nonpayment eviction. Certain housing cooperatives may use another method if their proprietary lease or occupancy agreement allows it and the tenant is a unit owner or shareholder.
For the general question, see do landlords have to give rent receipts. For layout, see what a rent receipt should include, and for retention beyond cash, how long to keep rental records.
What if a tenant asks about a personal check in the middle of the lease?
The written request is the trigger for personal checks, and it lasts for the tenancy unless the tenant says otherwise. Add it to the file the day it arrives, with the date, and begin giving receipts for every later check. If you change managing agents, pass the request along with the rest of the file. A landlord who forgets a standing request has the same exposure as one who ignored it, because a tenant can point to the letter.
A simple receipt routine for New York landlords
New York gives landlords the most to remember, so a checklist helps. For cash and for money orders or cashier's checks, write a receipt with the date, amount, premises, period and your signed name and title. For a tenant who has asked in writing about personal checks, record the request in the file so that you honor it for the whole tenancy. Keep a cash log for at least three years. Put a calendar reminder on the fifth day after rent is due so that the certified-mail notice goes out on time when rent is late. If you use a managing agent, make sure the agent follows the same list, since the duty reaches authorized agents as well.
How DoorKeeping fits in New York
DoorKeeping matches bank deposits to tenants and units with the date and amount, so you can see at a glance which tenants have not paid as the fifth day passes. The certified-mail notice and any cash receipt remain yours to send, so keep copies. This is general information, not legal advice. Check the current text of the law and your lease before you act.
Sources
Questions
- Does a New York landlord have to give a receipt for rent?
- Yes for cash and any instrument other than a personal check. For a personal check, when the tenant asks in writing.
- How fast must a New York receipt be given?
- Immediately for payments made in person, and within fifteen days for payments that arrive indirectly.
- How long must a New York landlord keep cash receipt records?
- At least three years.