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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33713
Experience:  15 years real estate, Realtor. Landlord 26 years
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Re: Non-Payment of rent. "3 day notice to pay rent

Customer Question

Hello.
Re: Non-Payment of rent.
"3 day notice to pay rent or quit"
I plan on sending notice via: Regular Mail & USPS Priority Mail with Tracking Number
Q: Is this correct?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Can you tell me what state you are in?.Are you sending it from out of state?...thanksBarrister
Customer: replied 6 months ago.
What State: New York State
Sending From/To: ***** ***** State
Customer: replied 6 months ago.
Please be advised that prior letter was mailed - Requesting payment without reply and/or payment.
Note: 1 individual under "month to month" agreement
Note: 1 individual is under 1 year lease that expires on May 31, 2016.
Expert:  Barrister replied 6 months ago.
According to the NY Court site:.1. 3 Day Notice:Unless there is a written or verbal lease which indicates otherwise, before a Summary Proceeding (Landlord-Tenant proceeding) can be brought for non-payment of rent, a personal demand for rent or service of a written notice giving the tenant at least 3 days to pay the rent or surrender possession of the premises must be served upon the tenant..The 3 day notice must state the amount of the rent due and the period of time for which the amount is due, together with a demand that the total amount be paid within three (3) business days after service of the notice. The date of service, Saturdays, Sundays and holidays are excluded. 2. Affidavit of Service (for service of 3 day notice):After the 3 day notice has been served on the tenant, an Affidavit of Service must be signed before a Notary Public by the person that served the 3 day notice. The papers must be served by a person over the age of 18 years old. It is suggested that the papers NOT be served by the landlord, but by a disinterested third person..So it doesn't appear that service by mail is permissible and it must be by personal service, substituted service (as in giving a copy to someone at the property and then mailing 2 copies, regular and registered mail), or by posting the notice on the door of the property or sliding it under the door..Then the person who served the notice has to sign an affidavit of service before a notary stating the method of service..This is under N.Y. Real Prop. Acts § 735...thanksBarrister

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