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ALICE IN LEGALAND
ANSWERS AN EVICTION QUESTION

Question: As a landlord, I am constantly faced with the duty of evicting tenants due to their failure to pay rent. However, the timing requirements which determine when I am permitted to evict a tenant seem quite ambiguous. For instance. is a three day notice always legally required or can the Petition and Notice of Petition ever be served before the three day period ends? What would be the most efficient procedure for me to use to evict a tenant?

Answer: In New York State, a landlord is required to either present an oral and personal demand for the rent or a three day notice (which is a written document informing the tenant s/he of the eviction). For the oral and personal demand, there is no requirement determining the specific date or "date certain" by which the rent is to be paid. Also, it is not a mandatory that all demands be submitted in writing or delivered by mail. It is preferable to use the method in which the statutory three day written notice is used as the means of informing a tenant of their eviction because the three day notice is a physical and a more credible form of proof than an oral and personal demand and will be more convincing and tangible evidence in a court of law.