Things that I think are wrong with this paperwork:
1. The Notice Says "WITHIN THIRTY (15) DAYS". This appears several times in the document.
2. Rent was due on the 17th of April, I received the notice on the 21st of April.
3. There was no attempt of Personal Delivery. My girlfriend and I went out to the Department Store (I forgot my hat, went back to the room to retrieve it, and nothing was there on the door - there's limited space because of a shoe rack.) We came back from the store, and the notice was there. I have pictures.
4. There is no date on the Notice save for the date that is was (I think ) Incorrectly served.
Dear Brooklyn Tenant:
You identified many possible defects in the termination notice. If the landlord has an attorney you may try to head off the expected holdover proceeding.
In any case, you did not mention the termination date (if your rent due date is the 17th day of the month, the month runs from the 17th through the 16th day of the next month). A thirty day notice ending the tenancy on June 16, 2015 would be OK if served on April 21. A thirty day notice served on April 21, cannot properly end the tenancy on May 16.
You did not mention the type of housing (SRO, private home, two family, multiple dwelling) and did not mention the last time you paid rent.
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You did describe facts that would tend to show the process server may not have made two attempts at personal delivery before slipping the termination notice beneath the door. You will not know the claimed "facts" of service before the landlord starts the lawsuit. For example: You cannot know that on the day you went back for your hat, that the process server had not made a prior personal attempt at serving the notice the day before (at least two attempts are required, one outside normal working hours and the other "during" normal working hours). The process server is allowed to slip the notice beneath the door on the second attempt if no one is home to answer the door.
There may be other defects with the notice that an experienced attorney may pick out. But, if the landlord does not back off, you do not get a chance to challenge this notice until after the landlord starts the eviction case.
Richard J. ChertockReal Estate AttorneyMelville, NY ·
It sounds like there are at least a few defects that could get this action dismissed and require them to start over again. You need to consult with an attorney and show them the documents to be sure, but it certainly sounds as if you have at least one fatal defect. Consult with a landlord tenant attorney near you.
