does a "3 day notice to pay or quit" have to be served in NY?In the past I've just sent them in the mail or hand delivered the "3 day notice" before starting the eviction process. However, a new judge is telling me I have to have this document served like the petition and notice or petition and verification. I've never had to do this in the past. does anyone know the exact answer and where can I find it in the legal code?
@David Kirchhoff when it comes to housing court (and probably all courts), its my experience that Judges make the rules (within reason of course). An example in my area is that housing court judges in Boston have started requiring landlords that own properties in an LLC to have an attorney represent them during an eviction. This requirement is happening more outside of Boston as well. Its not a state law, its the judges decision based on the fact that landlords use an LLC to separate themselves from their property but then try to represent themselves in court. Its like a contradiction of the supposed protections of the LLC.
I suppose I should stop complaining then, lol. However, it's a pain to serve a 3 day as it usually my scare tactic to shape up. better to do it than having to start the process over again. Plus, tossing the "rule book" in the judges face will just cause him to pick my stuff apart in the future. I guess I answered my own question..... kiss the judges butt and my life will be easier. luckily I don't have to do this often.
@David Kirchhoff search the internet for "New York landlord tenant law" and that should be a good starting point. Each state is (a little) different when it comes to this. When your online results pop up you will want to look for the attorney general site most often (instead of any sales pages) or some other legal site. Follow the law to a tee so you don't get scolded, or worse, lose your case. Landlords are always held to a higher accountability in court.
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