How do I serve 30 day notice to quit?
A 30 day notice is a predicate notice that must be served before beginning a holdover eviction action.
In NYC:
The 30-day notice is generally served by a process server.
Outside of NYC:
The 30-day notice is generally served by certified mail.
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So, you want to evict your tenant.
Is there a lease? Has it expired? Month-to-month? Rent stabilized/controlled? Legal/illegal apt? Section 8 tenant? Multiple family dwelling? Which County?…..all important questions.
Generally, you will be bringing a Non-payment or Holdover proceeding:
Lease exists, but tenant not paying
In a Non-payment action the Landlord needs to make a “rent demand” (usu. 3 day notice and can be made orally, but see what the lease says). Landlord can file the petition and notice of petition for non-payment if no rent paid by day #4. You will have to have the tenant(s) properly served with the petition and notice. Usually, if tenant pays, tenant stays!
Expired lease or month-to-month tenancy
In a Holdover action you may have to have the tenant(s) properly served with a “30 day notice to quit.” This can be tricky . You will file a holdover petition and notice of petition and have tenant properly served with same.
The above is far from complete. We are just trying to give you some insight. Hope it helps. Good luck!
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As always, The Long Island Landlord-Tenant Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 217 Willis Avenue in Mineola, NY 11501. Contact us at (516) 858-2620 to arrange a consultation with a Landlord-Tenant attorney.
Recently our office has been receiving an increased number of calls from Landlords seeking to evict tenants and who have started the process themselves. There are however issues that arise when the eviction process is started without the guidance of an attorney. First of all, there are certain guidelines that have to be followed regarding the time of notice given. Rules pertaining to service of this notice are also not the same in every county. If the service of such notice is untimely, the Landlord will be forced to start over.
Another issue is the language necessary for such notice to be valid. Omitting necessary language can lead to delays in the eviction process as well. Again, having some insight as to the requirements in each specific county will help.
There are several other issues that I choose not to bore you all with. The number one reason Landlords have told us that they chose to try to do their own Notice, was to save money on legal fees. In all honesty, the 30-day Notice is not a large portion of a fee for an eviction. It is certainly not worth the cost to the Landlord that delaying the eviction will cause. As with a lot of legal documents, this Notice can be done on your own. But, it will cost more in the long-run if you do it incorrectly and it needs to be fixed. Therefore, I strongly advise all Landlords to employ the services of an attorney to prepare and serve these documents to ensure their accuracy and compliance with all applicable statutes. As always, if you have any questions, feel free to contact our office at (516) 858-2620!
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