[NY] Can I evict a tenant for late rent payment in New York?
Hi, I just want to know if I am giving the tenant the right documents. I’m in New York and I want her gone for non-payment.
34
15
Solved
You just need a 14-day written notice signed by you, stating how much is owed and that they have 14 days to pay or vacate. These are three legal methods of service (RPAPL § 711(2)):
- Personal Delivery – hand it to the tenant.
- Substituted Service – hand it to a responsible person at the home and mail it (certified and regular mail).
- Conspicuous Place Service (Nail & Mail) – if no one is home after reasonable attempts, tape it to the door and mail it (certified and regular mail).
0
New York Eviction Notice Form
Create Document
Full Conversation
Hi, I just want to know if I am giving the tenant the right documents. I’m in New York and I want her gone for non-payment.
Lexi, Chatbot
I understand you're dealing with a difficult situation regarding your tenant in New York. Can you confirm if you have a written lease agreement with the tenant outlining the terms of the tenancy and the consequences for non-payment of rent?
Yes.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
No, that is it.
Barrister
Hello and welcome to the site! My name is Barrister, and I’m a licensed attorney here to help. I understand your situation can be frustrating. If you prefer a phone call, you can request one through the pop-up on the site. Did you give the tenant a written 14-day notice to pay rent or vacate?
Yes, and I’ve attached two documents. Are these correct?
Barrister
Yes, those are fine.
Okay. Can I serve the 14-day notice myself? And do I have to hand it to her directly?
Barrister
Yes, you can serve it yourself. You can hand it to her directly, or post it on the door, take a picture, and then mail a copy.
If I knock and she doesn’t open, I can just place it on the door? I don’t have to make multiple attempts?
Barrister
You just need a 14-day written notice signed by you, stating how much is owed and that they have 14 days to pay or vacate. These are three legal methods of service (RPAPL § 711(2)):
- Personal Delivery – hand it to the tenant.
- Substituted Service – hand it to a responsible person at the home and mail it (certified and regular mail).
- Conspicuous Place Service (Nail & Mail) – if no one is home after reasonable attempts, tape it to the door and mail it (certified and regular mail).
And what if someone else opens the door? Do I give it to them or place it after they close the door?
Barrister
If someone else opens the door, you can use substituted service — hand it to a responsible person and then mail it. Otherwise, use the nail & mail method.
Thanks. After 14 days, what should I do with the affidavit of service? And can I serve on the weekend?
Barrister
Yes, you can serve on weekends. Keep the affidavit in your file to bring to court.
Okay. I just fill out the affidavit myself if I’m the one serving? Does it need to be notarized?
Barrister
Correct. No notary needed. You just swear to the truth of the affidavit.
We already lost in court before. We gave a 30-day notice and didn’t have good cause. Don’t want to mess this up again.
Barrister
Just follow the legal process: serve the 14-day notice, file the eviction complaint with the court, and have the constable or marshal serve the summons and complaint.
So I can’t serve the court documents myself?
Barrister
Correct. You can serve the notice yourself, but not the lawsuit. Use a licensed process server, someone over 18 not involved in the case, or preferably a constable, marshal, or sheriff.
That makes sense. As long as I have the 14-day notice and affidavit, I’m okay. All other court documents came from the court.
Barrister
Right. And the affidavit should be dated the day you deliver the notice.
If there are two tenants but only one receives it, do I put just her name or both? What if we don’t know the name of the person who takes it?
Barrister
You need to serve both tenants separately. List the name of the person you hand it to. If you don’t know their name, ask. If they refuse to give it, take a picture or just post the notice and mail it.
So I need to bring two separate notices?
Barrister
Yes. Each tenant should get their own notice. It's safer and avoids problems in court.
Can I serve them both at once with both documents together?
Barrister
Yes, serve or post them both at the same time. Take a photo if posting.
I think their daughter will open the door. Do I need to get her name?
Barrister
Yes. The affidavit asks for the recipient. If she refuses to give her name, post the notice and take a picture.
Got it. Thank you so much!
Barrister
My pleasure. I hope everything works out. Feel free to reach out again anytime. Take care and stay safe!
Barrister
65,716 satisfied customers
5 lawyers online now
20
6
Answered 3 days ago
11
4
Answered 4 days ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
