Sufficient Attempts Made at Personal Delivery of Rent Demand

March 1, 2010

LVT Number: #22480

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming improper delivery of the rent demand. Tenant admitted receiving the three-day demand affixed to her door, as well as a copy sent by certified mail. But tenant denied receiving a copy by first-class mail. Tenant’s mere denial of receipt was insufficient to rebut the presumption of mailing. And the process server reasonably attempted personal delivery before "nail-and-mail" service.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming improper delivery of the rent demand. Tenant admitted receiving the three-day demand affixed to her door, as well as a copy sent by certified mail. But tenant denied receiving a copy by first-class mail. Tenant’s mere denial of receipt was insufficient to rebut the presumption of mailing. And the process server reasonably attempted personal delivery before "nail-and-mail" service. He made two attempts, one during normal working hours and one when a person could reasonably be expected to be at home.

Tinker Limited Partnership v. Berg: NYLJ, 2/5/10, p. 28, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)

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