Philadelphia, PA asked in Real Estate Law and Landlord - Tenant for New York

Q: Can I, as the landlord, serve a notice to vacate to my tenants who are on a month to month lease or do I need a lawyer?

Also, where to find the way to deliver the notice according to my state rules would be greatly appreciated

2 Lawyer Answers
Victor M. Feraru
Victor M. Feraru
Answered
  • Brooklyn, NY
  • Licensed in New York

A: You can serve it yourself. Make sure to follow all of the required formalities exactly as your jurisdiction and the State requires. If you do not the court will likely throw out the matter and make you start all over.

Elaine Shay
PREMIUM
Elaine Shay
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: In New York, an individual owner is not required to have a lawyer prepare or serve predicate notices for a landlord/tenant case but the owner cannot personally serve these documents. Although it may seem like a cost saver for an owner to skip a lawyer for preparation of a predicate notice, it often winds up costing more in lost time and unpaid rent when a case is later dismissed because of a technically defect in those initial papers that cause an entire case to be dismissed.

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