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nonpaying unemployed blasting music tenant - Landlord Forum thread 327552

nonpaying unemployed blasting music tenant by darry (new york) on November 18, 2014 @08:40

                              
Hi, wonder if anyone can let me know why I am being told that my 30 day terminate notice must be the exact form/wording or it will be unacceptable to a judge, looking to do it myself eviction, any advice please? and what wording for a friend to serve the same notice?
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Re: nonpaying unemployed blasting music tenant by Garry (Iowa) on November 18, 2014 @09:14 [ Reply ]
All judges expect you to read and follow the LL/T laws of your state. If you don't , when you get into court, you will lose, and have to start all over again. So go read your state's LL/T laws several times, and then come back to this forum with more specific questions. There are forms out there specific to your state requirements, so use them instead of trying to make up your own.
Re: nonpaying unemployed blasting music tenant by B on November 18, 2014 @13:01 [ Reply ]
Not sure what laws pertain to New York, we have alot of LL's on this board who own in NY so they should be of valuable help with this question.

MD also requires 30 days to cure or quit, unless the situation that needs to be cured is causing a danger to the renter themselves or to anyone else, in which case its 14 days. Wording should be exact, eviction is a legal procedure that has lasting effects on the renter. Take it seriously.
Re: nonpaying unemployed blasting music tenant by Katiekate (New York) on November 18, 2014 @16:45 [ Reply ]
Well...lets start with "30 notice"


HUH? You are confused. If you are giving them a normal notice to end the tenancy at the end of a lease (or month-to-month), then you just need to write a letter that makes it clear that the notice is to terminate the tenancy. You must make it for 30 days..but is must include full rental period. You do not need to state a reason. That is what New York requires.

BUT..if you are preparing to file to evict...then the notice period is 3 days. That is what New York requires.

So.. there is a difference between them. the first IS NOT what you need if you plan to seek and eviction.

If you are writing a 3 day "quit or pay"... you must state the date..(it needs to be the same day you post it and mail a copy). It must state all the money you are owed....such as: rent for November $$$, late fee of $$$. State that you require it to be paid in full by ---date--- that being at least 3 days from the date of the delivery.

You can go on to state that failure to pay could result in you seeking remedy under the New York state Laws, which can include eviction.

There isn't any specific wording you must use...but there is specific things you must say. Remember, this is just a notice. Treat it exclusively as business...do not get emotional in this notice. Do not get wordy. State what they owe, when they owe it, and the result if they don't pay.
Re: nonpaying unemployed blasting music tenant by Katiekate (New York) on November 18, 2014 @19:31 [ Reply ]
If your friend is serving the notice. The friend must mail it certified...then go to the unit and knock on the door. If the tenant answers...hand it to him. If not...post it on the door.

Then..the friend must go to the county court house and get a certificate of service from the court clerk. Either he swears to the service right then..pays the fee..and files the certificate right away...or the clerk may require the friend to swear out the certificate in front of a notary...then bring it back to file. (Depends on the county)

This is enough of a pain in the rump that it is often easier to get a marshal of the court to do the service if you can't be in the area to do it yourself.

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