TenantNet Forum

Where tenants can seek help and help others



Means of service for 3 day notice

NYC Housing Court Practice/Procedures

Moderator: TenantNet

Means of service for 3 day notice

Postby sethachhoun » Mon Dec 08, 2008 3:43 pm

Hello I have a Question with regards to: a 3 day notice I have received from my land-lord. For Non-Payment of rent for 3 months past due I receive a paper the other day titled 'THREE DAY NOTICE' by 'certified mails ( Return Receipt requested') . My daughter have signed the green certified mail receipt when the mailman delivered the letter and then I came home from work and saw the letter. Now I ask: Is this proper methods for serving me with the lawsuit ? as I was inform that I must be given the papers in person, from the hand of the Land lord he must give me the papers himself or that a formal process server must ring my door bell and slap me with the papers when I answer the door. is this the truth or must I appear in court in 3 days? thank you very respectfully.

ps., I do have a lease = it does say that notice must be written notice
sethachhoun
 
Posts: 3
Joined: Mon Dec 08, 2008 2:27 pm

Postby NYHawk » Mon Dec 08, 2008 3:56 pm

Your confused. the "three day notice" is not notice to you that the landlord started a lawsuit against you. It is notification that if you don't pay by a certain date THEN a lawsuit will be started against you. please re-read the notice you got very carefully.

Anyways, you never have to be given any kind of papers in person. If that was the rule people would hide and never get served in person, and so easily frustrate the ability of somebody trying to sue somebody else.

Good luck!
NYHawk
 
Posts: 347
Joined: Mon Mar 04, 2002 2:01 am

Postby sethachhoun » Mon Dec 08, 2008 4:04 pm

Well my question is, I want to argue this to the court but was it good for the certified US government mail to deliver the Three day document , or must a man or a process server or police officer ring my door bell and slap me with the papers? or they may nail the Notice to my door?, or wait for me to answer and I was told ' Nail and Mail ' and 'sewer service ' is the common way to give renters the papers for rent or eviction. thank you

(you see i am asking, I do not want a police officer to come to the doorbell to slap us with papers or to nail the papers to the door , but is the letter in the mail lawful and must i pay or go to court)
sethachhoun
 
Posts: 3
Joined: Mon Dec 08, 2008 2:27 pm

Postby TenantNet » Mon Dec 08, 2008 4:25 pm

Please re-read NYHawk's answer. For a three-day notice, sending it by mail is sufficient. If that is all you have received, then no law suit has yet been filed.

If you do not pay (with or without reason), the LL may then commence a proceeding in Housing Court. At that time, there would be a Petition and Notice of Petition, which must follow proper service requirements, either in person or by substituted service.

You should read the Housing Court information on the web site.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10326
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City


Return to Housing Court - NYC

Who is online

Users browsing this forum: No registered users and 40 guests