Ways to deliver notice to tenants

[Rabrrita]

Originally Posted by kjg1963

This is a 14 day pay or quit notice. Isn't this just a document the landlord creates to give notice? I may be wrong but that wouldn't be considered a legal notice from the courts, correct?

I think the new law makes a landlord who is giving a lease notice to the tenant adhere to the same methods of delivery as they would have to do for a court notice. The court notices can't be served by the landlord but a "pay your bill", "non renewal", "stop doing that" types of landlord notices to tenants can be personally delivered by the landlord. However, because the terminology used is confusing, you should verify this with an attorney familiar with the new law.

[mathjak107]

demand letters for rent in ny are legal documents .

HOW ARE LEGAL PAPERS DELIVERED? The Notice of Petition and Petition and a written Rent Demand must be given to you the right way. This is called service. The person who served the papers must swear how they were given to you in an Affidavit of Service.

The landlord/owner handed the papers to me, is that ok? No, the landlord/owner can’t serve the papers. Someone who is 18 or older - not the landlord/owner - can hand legal papers to you. This is called personal delivery.

The papers were given to someone else to give to me, is that ok? Maybe. Legal papers can be given to someone who lives or works in your home, this is called substituted delivery. Papers left with a neighbor or doorman are not served the right way.

The person the papers are left with must be responsible and likely to give you the papers. This person does not have to be an adult but it should not be a small child.
Papers also must be mailed to you.

The papers were left on my door, is that ok? Maybe. Legal papers can be left on or under your door as long as the landlord/owner has first made two attempts to find you at home. Papers also must be mailed to you. This is called conspicuous place delivery or nail and mail.

I only got the papers by mail, is that ok? No. Before copies of the papers are mailed to you by regular and certified mail, someone must go to your home and leave a copy of the papers: • with someone who lives or works in your home, or • on or under your door.

I didn’t get any papers by mail, is that ok? Maybe. If the papers were handed to you in person, a copy of the papers doesn’t have to be mailed. If the papers were left for you, copies of the papers must be mailed by regular and certified mail.


You can ask the Clerk for a copy of the Affidavit of Service to see how the

[Rabrrita]

O.K., I stand corrected. I just spoke tot he legal dept at our PMC and they confirmed what mathjak said about the landlord serving legal papers. The confusion is that a landlord can give the tenant a demand for payment but that demand can't be the basis of legal proceedings. In other words, the landlord can hand the tenant a demand but if the tenant does not comply and the landlord decides to go the court route, they would need to serve a new demand following the court process.

They said that landlords often are successful or at least gets the tenant communicating with them when they get some notice. But, if the tenants ignores it, the formal route will be required. This was why they suggested to just do it as if your going to court the first time.

Originally Posted by mathjak107

demand letters for rent in ny are legal documents .

HOW ARE LEGAL PAPERS DELIVERED? The Notice of Petition and Petition and a written Rent Demand must be given to you the right way. This is called service. The person who served the papers must swear how they were given to you in an Affidavit of Service.