How to serve
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How to serve (by CR [NY]) Jan 19, 2023 12:57 PM
       How to serve (by plenty [MO]) Jan 19, 2023 3:56 PM
       How to serve (by small potatoes [NY]) Jan 19, 2023 9:11 PM
       How to serve (by CR [NY]) Jan 20, 2023 6:27 AM
       How to serve (by Ken [NY]) Jan 20, 2023 8:58 AM
       How to serve (by small potatoes [NY]) Jan 20, 2023 11:46 AM
       How to serve (by jonny [NY]) Jan 20, 2023 12:00 PM
       How to serve (by Ken [NY]) Jan 20, 2023 2:03 PM
       How to serve (by CR [NY]) Jan 21, 2023 2:24 PM
       How to serve (by WMH [NC]) Jan 21, 2023 4:31 PM
       How to serve (by CR [NY]) Jan 21, 2023 8:14 PM
       How to serve (by Small potatoes [NY]) Jan 21, 2023 8:56 PM

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How to serve (by CR [NY]) Posted on: Jan 19, 2023 12:57 PM

Starting an eviction process for a tenant that isn't paying rent or following lease provisions, for the non payment case I believe I can use certified mail for the 5 day late notice and then I need to use a process server for the 14 day rent demand and notice of petition / petition. Correct?

Concerning the other issues, I'm newer to this avenue. Is the proper procedure to give a 10 day notice to cure (certified mail or server?), then a 30 day notice of termination (certified mail or server?)?

I've looked all over and find conflicting information due to the 2019 'update'. I feel nycourts website isn't even up to date - hence my confusion. Any help would be greatly appreciated.

How to serve (by plenty [MO]) Posted on: Jan 19, 2023 3:56 PM

Just my 2cents worth... for a first time i would hire an attorney and pay attention to the process and learn. Doing it wrong could cost you more than you'd pay the Lawyer.

How to serve (by small potatoes [NY]) Posted on: Jan 19, 2023 9:11 PM

this has been covered here recently for NY. On the 6th day you can send the late notice with the accounting of outstanding funds owed, but must say current month rent not received and state late fee due (50/ or 5% whichever is less).

This is by registered mail w/ proof of mailing (don't need return receipt card). Now decide if you are evicting for lease violations (have you issued more than 1 cure notice?) or money. If it is for money the tenant can pay you anytime until the sheriff walks through the door and you are stuck w/ them. Use a process server to do the serving. Provided you have good bookkeeping you can represent yourself in court. Say you are willing to go to mediation (even if you won't budge) otherwise you risk judge scheduling a net hearing to hear the case and give the tenant time to get ready.

Q what are the lease violations?

How to serve (by CR [NY]) Posted on: Jan 20, 2023 6:27 AM

For the violations my plan was to send one notice for all three violations: not properly taking care of garbage (just piling it up outside the door), parking on the lawn area (encroaches on septic system, septic guy said it could crush the tank or a pipe), and a recently acquired pet. Can I just send a 10 day notice to cure (process server?) or is the minimum 30 days now?

Thank you, the help is really appreciated.

How to serve (by Ken [NY]) Posted on: Jan 20, 2023 8:58 AM

I doubt a judge in NY will give an eviction for those violations --74.77.xx.xx

How to serve (by small potatoes [NY]) Posted on: Jan 20, 2023 11:46 AM

if you have not served them w any notices you will have no traction w/ judge, plus what Ken said. W/ violations you have to establish a pattern of them not being responsive.

Q- what is the history of collecting rent, how long have they not paid?

How to serve (by jonny [NY]) Posted on: Jan 20, 2023 12:00 PM

Watch who you use as an attorney for serving. I agree with Ken stating that most likely a judge would NOT evict for those violations.

What I would do is write up a letter and advise them what they need to do ASAP (I don't know if there is a number of days that are minimum... for the parking... make it "NOW", for the garbage.. "NOW"... the pet ... maybe "3 days or a week" so they can find a home for it? If they don't do anything about the garbage then call codes on them? You don't have to but sheesh... I'd do something about that. I have a buddy that does that ... 'basically tells the tenant to get rid of the garbage RIGHT NOW (by tonight, etc) or tomorrow I'm calling codes on you". But that is outside on a porch so I'm not sure where this garbage is or that you want to bring it to their attention.

As for the attorney... use one that does this normally (evictions) and check their satisfaction scores or whatever regarding it. Not all attorneys are good or should be doing evictions... they can screw them up.

Where I am I just use the "City Marshall"... they do the process and serve the papers, etc. If you aren't incorporated then you can be in court yourself to represent... if you are incorporated then you will need an attorney.

Maybe call the court and ask them "who is good" ... they usually will know who to use.

How to serve (by Ken [NY]) Posted on: Jan 20, 2023 2:03 PM

Just realized they are not paying rent,pursue an eviction for non payment,cut and dry,rent is not paid,much easier for a judge to justify --74.77.xx.xx

How to serve (by CR [NY]) Posted on: Jan 21, 2023 2:24 PM

Thanks for the responses. I was hoping the breach of lease route would be faster than non payment, thats why I mentioned it. We did he non payment dance last year, with ERAP application pending it took seven months but finally paid. As soon as it ran out they never paid. The non payment is a few month deal and the way I read the notice to cure was serve them 10 day notice ( I have texts telling them about the issues for a month or so already), on eleventh day file a case with court. I'll go with what I know then, non-payment.

How to serve (by WMH [NC]) Posted on: Jan 21, 2023 4:31 PM

I'd file for ALL the reasons, even if you have to pay separately for the case for non-payment, and one case for multiple breaches of lease.

How to serve (by CR [NY]) Posted on: Jan 21, 2023 8:14 PM

I'd prefer to file separate cases for both reasons but cant figure out how to, all the lawyers I've spoken to either dont handle evictions or are too busy to take more cases. If I could just figure out how to serve the notice to cure for breach of lease I'd be thrilled. Can I just mail certified mail it or does a process server need to deliver it? Is it a 10 day notice or 30?

How to serve (by Small potatoes [NY]) Posted on: Jan 21, 2023 8:56 PM

Ugh, you need a process server, the money you spend will save you time because you wonít have to do it over, plus you will pay for the education you donít have. Process server has to make 3attempts in specific timeframes and sign an affidavit. As we have mentioned you did not specifically provide lease violation notices and they are not eviction worthy at this time. So letís clarify your language you are not serving them notice for lease violations you are writing them cure letters to correct the violations. You should send one registered mail, regular mail, leave one in the mailbox to cover your bases. Text communication is writing in ny but if you wind up in court you will want to print texts so they donít take your phone. Still start non payment proceedings and request a money judgement. If you are worried about the septic area put up a snow fence w some t bars and see if they remove it.

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