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Thanks in advance for your help. I served a notice of

Customer Question
Hello and thanks in...

Hello and thanks in advance for your help. I served a notice of termination on 6/27/17, is it too late to have the affidavit of service executed by the notary?

Lawyer's Assistant: Where is the property located?

New York (Westchester County)

Lawyer's Assistant: Has any paperwork been filed?

Not yet, I'm filing with the court today

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, the tenant had a lease through HUD in 2008 but that lease hasn't been renewed. She's been month-to-moth and hasn't paid rent in 2 months... we don't want to give her a chance to cure- just eviction.

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
10/3/2017
Real Estate Lawyer: legalgems, Arbitrator replied 10 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,960
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 10 months ago

Unfortunately the Affidavit must be filed within 3 days from the date of service - please see here

instructions here:

https://www.nycourts.gov/courts/4jd/plattsburgh_city/affidavit-of-service-landlord-tenant.pdf

http://www.nycourts.gov/courthelp/goingtocourt/affidavitService.shtml

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Customer reply replied 10 months ago
Thanks. As a follow-up question, can I serve her again with 7 days to move out?
Real Estate Lawyer: legalgems, Arbitrator replied 10 months ago

Unfortunately the notice to terminate requires 30 days notice; please see this guideline here

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Customer reply replied 10 months ago
when the tenant is reserved, do we need to wait the 30 days or can we start the process sooner?
Real Estate Lawyer: legalgems, Arbitrator replied 10 months ago

The court does not have jurisdiction until the requisite time period expires so the court can dismiss, on the tenant's motion, or its own motion, any filing made while the 30 day period is pending. Otherwise it would create legal disarray as landlords would be filing and then dismissing cases when tenants complied with the notice.

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Real Estate Lawyer: legalgems, Arbitrator replied 10 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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