Legal Question in Real Estate Law in New York

You don't say where the property is located, but in NYC, it's not 30 days but a full month. Give notice now, the full month will be the month of January and you can file the eviction on February 1.

The notice must be written and served in the same manner as a notice of petition in a summary proceeding. Do you know the difference between that method of service and the standard for serving a summons? No, of course not, or you wouldn't be here asking questions.

Hire an attorney. This is technical stuff and the deck is stacked against you as a landlord. Verbum sapientiae satis est!

Everything Mr. Connolly said is correct.

Outside NYC the 30 day notice is also a full month. Also, outside NYC you may give oral notice, however, it is frowned on by the court. Outside NYC the notice does not have to be served on the tenant in the same manner as the notice of petition and petition.

Mike.

It generally should be in writing. In NYC it is required. As New York State law is very specific as to the exact wording required in these Notices and the manner in which they must be served upon the tenant, it is highly advisable to retain the services of an attorney experienced in these areas. A small mistake can set you back months in the process. We have handled many such cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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