Effective immediately, there has been a major overhaul to the Landlord Tenant Law in NYS that affects ALL evictions in NYS. These laws are primarily tenant friendly and will significantly change how we do evictions and also increase costs to Landlords.
If full rent is not received within 5 days of the due date specified in the lease agr
Effective immediately, there has been a major overhaul to the Landlord Tenant Law in NYS that affects ALL evictions in NYS. These laws are primarily tenant friendly and will significantly change how we do evictions and also increase costs to Landlords.
If full rent is not received within 5 days of the due date specified in the lease agreement, then the Landlord or it’s agent SHALL (not optional) provide the tenant, by CERTIFIED MAIL, a written statement stating the failure to receive such rent payment. Attached is the sample letter I will be using. Prior to filing an eviction I will need the letter and the proof of certified mailing to attach to the petition. Without this, I will not file because it will either not be accepted or dismissed.
The 3 day rent demand notice that was previously required is now 14 days. Attached is the form I use. This 14 day notice to pay or quit must now be in writing (previously could be verbal), and served in the same manner as the Notice of Petition and Petition. This means that we must generally use a professional process server to serve all 14 day demand notices, because I will require an affidavit of service for the service of the 14 day notice prior to filing the petition for court. Although the service requirement is unchanged, we previously got away with merely submitting any written demand or even alleging verbal 3 day. This will not fly any longer and we must have the 14 day written demand along with the affidavit of service in hand prior to filing. They both will be required to be attached to the petition upon filing. This applies to all courts.
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