How to Serve Notice to a Tenant in New York

The first step in the New York eviction process is to deliver a written notice to your tenant, informing them you're planning to evict. However, you're not allowed to serve notice personally. In fact, no one named in the case can be the server. Have a friend do it, or hire a process server. Process servers are well-versed in the laws defining how to give notice.

Regardless of how the notice is served, the person serving notice must complete and file with the court an affidavit of service, providing information about the delivery after it has been completed. This must be filed with the court no more than three days after delivery is complete.

Below, we'll guide you through the three options for delivering notice in New York:

Option 1: Personal delivery

In personal delivery, the server simply hands the notice to the tenant being evicted. They cannot be served on Sundays or on a day that you know your tenant observes as a part of their religious practice. The papers can only be served between 6:00 AM and 10:00 PM. You must attempt personal delivery before trying any other method of service. Personal delivery is the easiest and least complicated method of delivery, so try to make it work.

Option 2: Substituted delivery

If personal delivery doesn't work out, this is your next option. In this case, the papers are served to someone else in the home who will give them to your tenant and then copies are also mailed to your tenant. The law simply states that the person must be of "suitable age and discretion." This means that the person you serve papers to can't be a small child, or impaired in any way that might keep them from delivering the papers to your tenant. The delivery must take place at their home. You can have the papers left with a babysitter or another roommate who is not part of the case, for example, but they can't be left with a neighbor or doorman. After service, the papers must be mailed within one day of delivery, and two copies must be sent, both by regular mail and by certified mail, to the tenant's home address.

Option 3: Conspicuous delivery

If the server fails to deliver the notice through the above methods, the last resort is conspicuous delivery. This method, also called "nail and mail," involves leaving the notice at the tenant's address, either taped to or slipped under the front door, and then mailing two copies. As with substituted service, one copy must be sent via regular mail and another must be sent via certified mail. The mailing must occur within one day of delivery.

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