In New York, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in New York?
In New York, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in New York?
In New York, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 14 Day Notice to Quit, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in New York, rent is late starting the day after it’s due.
Acceptable Forms of Service in New York
New York landlords may deliver an initial eviction notice by any method which results in actual notification of the tenant. The following methods, which come from formal service of court process in the state, are the legal gold standard:
- Hand delivery to the tenant
- Hand delivery to a person of suitable age and discretion on the property who accepts the notice on behalf of the tenant, PLUS mailing the notice by BOTH registered or certified mail AND first class mail
- Only if all forms of hand delivery fail: Posting the notice on the premises or under the property’s entrance door, PLUS mailing the notice by BOTH registered or certified mail AND first class mail
Mailed notice must be mailed within one (1) day of the other form of delivery, and extends a notice period by (3) calendar days, to account for variable delivery times.
Obtaining Proof of Service in New York
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Certified/Registered Mail and First Class Mail – via a return receipt and by completing a Declaration of Service at the time of mailing
- Posted Notice – by taking a photograph and completing a Declaration of Service at the time of posting
New York Eviction and Lease Termination Notice Forms
| Notice Forms | Grounds |
| 14 Day Notice To Quit | Eviction for Unpaid Rent |
| 10 Day Notice To Comply | Eviction for Lease Violation |
| 30 Day Notice of Termination | Eviction for Continuing to Breach Lease |
| 30 Day Notice To Vacate | Ending a Periodic Lease /
Ending a Lease of < 1 Year |
| 60 Day Notice To Vacate | Ending a Lease of 1 Year +,
but < 2 Years |
| 90 Day Notice To Vacate | Ending a Lease of 2 Years + |
Sources
- 1 N.Y. Real Prop. Acts. Law § 735
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Manner of service; filing; when service complete. 1. Service of the notice of petition and petition shall be made by personally delivering them to the respondent; or by delivering to and leaving personally with a person of suitable age and discretion who resides or is employed at the property sought to be recovered, a copy of the notice of petition and petition, if upon reasonable application admittance can be obtained and such person found who will receive it; or if admittance cannot be obtained and such person found, by affixing a copy of the notice and petition upon a conspicuous part of the property sought to be recovered or placing a copy under the entrance door of such premises; and in addition, within one day after such delivering to such suitable person or such affixing or placement, by mailing to the respondent both by registered or certified mail and by regular first class mail.
Source Link - 2 New York Court Rules of Procedure Section 76.14 - Service by Mail
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Whenever a party has the right or is required to do some act within a prescribed period of time after the service of a document and the document is served by mail, three days will be added to the prescribed period of time.
Source Link
