Landlord Delivered Rent Demand Notice Improperly

July 31, 1997

LVT Number: 11670

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's three-day rent demand notice was delivered improperly. The court ruled for tenant and dismissed the case. The process server had slipped the three-day notice under tenant's door after speaking to "Mary," who was behind the door but who never opened it. The process server never saw whether Mary was a person "of suitable age and discretion" who lived in or was employed at tenant's apartment. So this wasn't permissible substituted service under RPAPL section 735.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's three-day rent demand notice was delivered improperly. The court ruled for tenant and dismissed the case. The process server had slipped the three-day notice under tenant's door after speaking to "Mary," who was behind the door but who never opened it. The process server never saw whether Mary was a person "of suitable age and discretion" who lived in or was employed at tenant's apartment. So this wasn't permissible substituted service under RPAPL section 735.

Arnav Industries v. Alexander: NYLJ, p. 22, col. 6 (7/30/97) (Civ. Ct. NY; Mills, J)

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