Five Days Must Be Added to 14-Day Rent Demand to Allow for Service by Nail-and-Mail

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand didn't provide sufficient notice. The court ruled for tenant. The 14-day rent demand was served by conspicuous place service and a copy was mailed to tenant 15 days before the deadline in the rent demand. The court found that an additional five days must be added to the notice period to account for the mailing time. The court relied on a 2004 ruling by New York's highest court in ATM Once, LLC v. Landaverde, which ruled that five additional days must be added to the notice period for a 10-day notice to cure when landlord relied on mail to give service. 

Watertown Assets LLC v. Tazewell: Index No. LT-311974/22, NYLJ No. 1716333929 (Civ. Ct. Kings; 5/20/24; Vendzules, J)