When a landlord seeks to evict a tenant, the landlord needs to ensure compliance with service requirements.
In New York, there are three ways that service is typically effectuated: (1) personal delivery (2) nail and mail; or (3) substituted service.
When selecting a hearing date for the eviction proceeding, landlords must be mindful of the 5 and 12 Rule, as set forth in RPAPL §733. The rule states that the
tenant must be served no fewer than five days, but no more than twelve days
prior to the hearing date. However, when is service complete?
Although the rules vary
slightly between the Housing and Justice Courts, generally speaking, the date
the tenant is served does not count; the clock starts the date after the tenant
was served.
However, the date of the
hearing does count.
Putting it all together
- if the hearing date is scheduled for a Wednesday, the last date to complete
service would be the Friday before.
Also, if the final day
of service falls on a Saturday, Sunday or public holiday, the time to complete
service is extended to the next business day.
Lastly – don’t ever
serve the lawsuit on a Sunday or other religious holiday as this is prohibited
by law.
