How to Write a Demand Letter to Your Landlord in New York

If you're a New York renter experiencing issues like delayed repairs, improper rent increases, or return of your security deposit, sending a demand letter is a practical first step. This formal letter outlines your concerns and requests action, establishing a clear record before seeking legal help. Knowing the correct process and your rights under New York law can make a real difference in getting your problem addressed.

What is a Demand Letter and Why is it Important?

A demand letter is a written request from a tenant to a landlord, clearly stating the problem and the desired action—such as fixing a repair, returning a deposit, or correcting a lease violation. In New York, sending a demand letter is often recommended before taking further legal steps. It shows you have tried to resolve the issue fairly and provides documentation for any future proceedings.

Tenancy Legislation and Your Rights in New York

Your rights as a renter are protected under the New York State Real Property Law. This law outlines landlord and tenant responsibilities, including rent, maintenance, and proper notice for lease changes¹. The New York State Division of Housing and Community Renewal (DHCR) is the main authority handling residential tenancy matters, including rent regulation and resolving disputes.

When Should You Send a Demand Letter?

Consider sending a demand letter if you:

• Have reported maintenance issues and nothing has been fixed
• Experience unlawful rent increases or deductions from your security deposit
• Face improper eviction or lease violations without proper notice

Sending a demand letter documents your concerns and can sometimes resolve issues without further legal action.

What to Include in Your Demand Letter

To be effective, your demand letter should clearly summarize the issue, present facts, and specify what you want your landlord to do. Include:

• Your name, address, and contact information
• Date
• The landlord’s name and address
• Clear description of the problem (with dates, if possible)
• Relevant law or lease provision (if applicable)
• Your requested action and a deadline
• Statement you may take further action (e.g., file with DHCR or local court) if unresolved
• Your signature

New York Official Forms for Tenants

While there is no mandatory state-issued demand letter form in New York, you may need to use official forms if your landlord does not respond:

• DHCR Form RA-89 (Tenant’s Complaint of Owner’s Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease): Use if your landlord fails to renew a rent-stabilized lease, after sending a demand letter. Download the form from DHCR. Complete and submit following instructions on the form.
• DHCR Form RA-81 (Tenant’s Complaint of Rent Overcharges and/or Excess Security Deposit): Use if your landlord illegally overcharges rent or withholds security deposit. File this form online or by mail after written notice, like a demand letter. See DHCR’s official RA-81 form.
• HP Action in Housing Court: If repairs are not made, file a Housing Part (HP) action at the New York City Housing Court. Bring a copy of your demand letter as evidence.

Example: Using a Demand Letter with Official Forms

Suppose your landlord refuses to return your security deposit after you move out. Send a demand letter requesting the full amount back within 14 days. If your landlord does not respond, you may use DHCR Form RA-81 to file a complaint.

Step-By-Step: Writing and Sending Your Demand Letter in New York

• Write your letter (typed or neatly handwritten) with all essential details
• Send it by certified mail (return receipt requested) to create proof of delivery
• Keep a copy of the letter and mail receipt for your records

If your landlord does not address your concern by the deadline, consider filing a complaint with DHCR or in Housing Court as your next step.

FAQ

1. Is a demand letter legally required before filing a complaint in New York?
   A demand letter is not always legally required, but it is highly recommended. It provides documentation and shows you tried to resolve the issue before escalating it.
2. How long should I give my landlord to respond to a demand letter?
   Typically, giving your landlord 10–14 days to respond is reasonable. State your chosen deadline clearly in the letter.
3. What should I do if my landlord ignores my demand letter?
   If your landlord does not respond, keep a copy and move forward with a formal complaint to DHCR or file an HP action in Housing Court, using your letter as evidence.
4. Can I email my demand letter to my landlord?
   You can email the letter, but sending it by certified mail provides stronger legal proof that your landlord received it.
5. Where can I find help preparing or sending a demand letter in New York?
   You can contact DHCR, local legal aid services, or tenant advocacy groups for assistance (see resources below).

Conclusion: Key Takeaways

• Writing a demand letter can help resolve rental issues before legal action.
• Be specific, keep records, and know which official forms and agencies to contact if needed.
• Sending documents by certified mail provides proof for any future disputes.

By following these steps, New York renters can handle disputes with confidence and protect their rights under state law.

Need Help? Resources for Renters

• New York State Division of Housing and Community Renewal (DHCR) – Main authority for resolving rental disputes
• New York City Housing Court – For HP actions and tenant-landlord disputes in NYC
• LawHelpNY - Housing – Free legal aid and information for renters statewide
• New York Attorney General: Tenant Rights – Guide to tenant protections and complaints

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1. New York State Real Property Law
2. NY State Division of Housing and Community Renewal (DHCR)
3. New York City Housing Court

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