Legal Question in Landlord & Tenant Law in New York
How can a landlord get an eviction notice without giving tenant prior notice to appear in court
1 Answer from Attorneys
I assume you're the tenant befuddled by a marshall's notice from out of the blue. If you're the landlord, I invite you to commit sundry biological impossibilities.
1. They had to serve the sewer.
2. The law requires, for a non-payment proceeding, that a demand for the rent be served 5 days before the case is filed. Then you have to be served with the notice of petition.
3. The clerk of the court mails postcards to the tenant.
4. If you have received a marshall's notice of eviction, you have to get to court NOW and swear out an order to show cause to stop the eviction. Bur you're going to need to explain how you did not get the postcards. DO you have your own mailbox? Or is everyone's mail just thrown down in the lobby?
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