Rent Demand Not Properly Served

April 30, 1994

LVT Number: 8755

Facts: Tenant, a proprietary lessee of co-op apartment, didn't make maintenance payments. Landlord co-op sued to evict him for nonpayment of rent. Tenant claimed the 10-day rent demand was improper. The process server had resorted to conspicuous place service on the apartment door, and mailed a copy of the rent demand to tenant at his business address. Tenant pointed out that he'd moved out of the apartment and that landlord knew this. Tenant argued that landlord's petition should be dismissed. Court: Tenant wins.

Facts: Tenant, a proprietary lessee of co-op apartment, didn't make maintenance payments. Landlord co-op sued to evict him for nonpayment of rent. Tenant claimed the 10-day rent demand was improper. The process server had resorted to conspicuous place service on the apartment door, and mailed a copy of the rent demand to tenant at his business address. Tenant pointed out that he'd moved out of the apartment and that landlord knew this. Tenant argued that landlord's petition should be dismissed. Court: Tenant wins. For the process server's attempt at personal service to be deemed reasonable, he must at least use a method that has some expectation of success. Attempting to serve tenant at an apartment landlord knew was vacant was predestined to fail.

2 Tudor City Tenant Corp. v. Lapidus: NYLJ, p. 22, col. 4 (4/13/94) (Civ. Ct. NY; Kapnick, J)

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