Types of Notices
Late Rent Notice
Also referred to as a "5 Day Notice". If rent is more than 5 days past due, the landlord or his agent must send a letter to the tenant by Certified Mail advising them the rent hasn’t been received.
This is not something that the process server should be handling. The law specifically states that it must be sent by the landlord or the landlord's agent "authorized to receive the rent".
Also referred to as a "14 Day Notice". This notice is used when a tenant is past due on their rent. It provides them with notice of the rent owed and a window to either pay the rent or move out of the premises (usually 14 days).
Notice to Cure
Also referred to as a "10 Day Notice". This notice is used when a tenant is in violation of the terms of their lease. It provides them notice of the terms they’re in violation of, as well as a period in which to fix the violations (usually 10 days) or move out (usually 30 days).
Notice to Terminate Tenancy
Also referred to as a "30-60-90 Day Notice". This notice is used when a landlord wishes to terminate a month-to-month tenancy OR does not intend to renew a term lease.
This type of notice must be served the day before the lease renewal date. For example, if the lease renews on the 1st of the month, the Notice to Terminate Tenancy must be served by the last day of the prior month.
For the purposes of this section, the required notice shall be based on the cumulative amount of time the tenant has occupied the residence or the length of the tenancy in each lease, whichever is longer, as follows:
- If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord shall provide at least thirty days' notice.
- If the tenant has occupied the unit for more than one year but less than two years or has a lease term of at least one year but less than two years, the landlord shall provide at least sixty days' notice.
- If the tenant has occupied the unit for more than two years or has a lease term of at least two years, the landlord shall provide at least ninety days' notice.
Notice of Petition and Petition
The Notice of Petition and Petition is the most used form of court notice. The Notice of Petition advises the tenant of the date, time, and place of the eviction hearing. The Petition outlines the allegations of the eviction proceeding.
The Notice of Petition and Petition must be served:
- At least 10 days before the court date
- No more than 17 days before the court date
Service is not considered complete until the service AND any required mailings have been completed.
Your Affidavit of Service must be filed with the court within 3 days after the service is complete. If you serve by Suitable Age or Nail & Mail service, you must file your Affidavit of Service at least 10 days before the court date OR within 3 days after service, whichever is earlier.
Order to Show Cause
An Order to Show Cause in an eviction can be used by either the landlord or the tenant.
When used by the landlord, it is usually to get an earlier court date than would be allowed with the Notice of Petition and Petition.
When used by a tenant, it is usually after the court has issued a warrant and judgment. It is used to temporarily halt the eviction and bring the proceeding back to court. This is typically when the tenant is claiming they weren’t served properly and have defaulted on appearance.
The Order to Show Cause is signed by the judge and will specify the service deadline and required method of service.
Methods of Service
- You serve an eviction like any other document with a few exceptions. See Serving a Person (CPLR 308).
- Personal Delivery remains the best method of service.
- When serving a Suitable Age Person, the person must be served at the address where the eviction is taking place and the person served must either reside or work at the address.
- When serving by Nail & Mail, the service must be completed at the address where the eviction is taking place. Rather than it be required to affix to the door, the documents can be affixed to a “conspicuous place” or under the entry door. Serving an eviction by Nail & Mail does not require "due diligence", rather it requires "reasonable application", which is defined by NYS Courts as 2 attempts – one each during working hours (9 AM – 5 PM) and non-working hours (6 AM – 8 AM or 6 PM – 10 PM). Many attorneys require 3-4 attempts although it is unnecessary.
- If you serve by Suitable Age or Nail & Mail service, you must send copies of the notices by First Class AND Certified Mail by the next calendar day. If you serve an eviction notice on Saturday or the day before a holiday, you will need to make sure the mailings are done the same day. Return receipt is not necessary for the Certified Mail.
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