Posted by Frank Chin on November 21, 2004 at 11:38:28:
I heard of it, not sure of the details, as we always relied on attornies.
Fortunately, my dad didn’t have to do an evcition since.
Frank Chin
Termination of Tenancy in NY - Posted by Gary
Posted by Gary on November 18, 2004 at 05:06:26:
I recently terminated a month to month tenancy of one of my tenants due to lack of payment. Gave 30 days written notice as specified in the lease and had to post the tenants door as they left the very day that rent was due and didn’t return for one week.
She never left so I filed for eviction and in court her attorney, neat how she can afford an attorney but not rent, claims that under NY law she has to be served for the termination of tenancy and can’t be delivered her written notice. I’m researching NY law now but if anyone has gone through this and nows the answer I’d appreciate it.
This sounds crazy to me but looks like she might win on a technicality.
Thanks
Re: Termination of Tenancy in NY - Posted by William Bronchick
Posted by William Bronchick on November 18, 2004 at 06:16:47:
Well, it’s been a few years, but I evicted 100’s of tenants in my heyday
in NYC. If I recall, the problem is that under NY Law, the notice cannot
be served by the landlord… it must be done by a process server. It also
may be the manner in which it was served was improper or that you
didn’t give notice before the rent cycle began.
Landlord-tenant law isn’t rocket science, but it is very technical. These
legal aid attys know every dirty trick in the book, so you would be
advised to hire a competent landlord-tenant atty to represent you in
the proceeding. It’s a lot cheaper that getting bounced out of court 2
or 3 times, losing time and money.
Serving Tenants - Posted by Frank Chin
Posted by Frank Chin on November 18, 2004 at 08:43:01:
Bill:
My dad had a situation similar evicting a tenant in NYC. We had to get a process server thru our attorney after the tenant’s attorney claimed his client wasn’t served properly.
Some weeks later, our attorney called to say that numerous attempts were made and no one seemed to be home, or someone not opening the door claimed the tenant was not in.
My dad laughed and said the tenant is a retired gentlemen and generally sits outside the building and probably watched the process server ringing the bell. So the attorney asked if my dad knows someone who knows what the tenant looks like. My dad said my son (that’s me) knows him. So I was asked to serve the papers.
Long and short of it is I saw him in front of the property, and quickly said “hi”, and handed him the papers saying “I think this is yours”. He grabbed it not realizing what it is, and when he did, threw the papers at me as I ran down the street, bouncing off my back.
My dad called the attorney and he said “looks good, legally, he’s served”.
Can’t the process server just paste the notice on the tenant’s door after so many tries???
Frank Chin
Nail & mail - Posted by B.L.Renfrow
Posted by B.L.Renfrow on November 20, 2004 at 16:17:42:
NY allows “nail and mail” service if the server has made a minimum of two attempts to serve the notice personally, or to someone who lives or works at the property.
The notice can either be affixed to the outside of the entry door, or slipped under it.
A copy of the notice must then be mailed to each tenant by certified or registered mail AND by first class mail, within one day after the notice is delivered. The server should then complete a notarized proof of service.
Incidentally, anyone over the age of 18 may serve notice, so long as he or she is not the landlord.
I once wanted a tenant served quickly, so I talked my neighbor into doing it, while I waited in the car out front. The poor guy returned to the car sweating and shaking like a leaf, sure he’d just escaped death by inches, even though the tenant just took the notice and slammed the door!
Brian (NY)