Full question:
What method of delivery is required in nyc for the giving of a 30 day termination notice to a residential tenant ( on a month to month lease extension where all terms of original lease obtain)
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: New York
Answer:
RPAPL 735(1) likewise governs service of a petition and notice of petition in a To comply with the statute, service of said documents: summary proceeding. “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” (RPAPL 735[1] ).
The following is a NY statute:
§ 232-a Real Prop. Notice to terminate monthly tenancy or tenancy from month to month in the city of New York.
No monthly tenant, or tenant from month to month, shall hereafter be removed from any lands or buildings in the city of New York on the grounds of holding over his term unless at least thirty days before the expiration of the term the landlord or his agent serve upon the tenant, in the same manner in which a notice of petition in summary proceedings is now allowed to be served by law, a notice in writing to the effect that the landlord elects to terminate the tenancy and that unless the tenant removes from such premises on the day on which his term expires the landlord will commence summary proceedings under the statute to remove such tenant therefrom.
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