Q: Hi I got a 14 days demand payment of back rent , I got the notices on Feb 17 notices is dated Feb 8 how many day I have
Do I astart counting the day I was served? Feb 17 ?
A: Generally, start counting from the day the notice was served.
Steven Warren Smollens agrees with this answer
A:
Dear New York Tenant:
The general rule for counting days in New York civil practice is count forward for the number of days and exclude the day one received the notice. Like this:
From Friday, February 17, 2023
Added 14 days
Result: Friday, March 3, 2023
But you left out the very important stuff a lawyer would get from you with a simple phone call. How did you receive the Rent Demand? Legal Service is in-person delivery or failing two separate efforts to place the Rent Demand in your hand, taping a copy or more upon the apartment door, or slipping those copies of the Rent Demand under the door PLUS additional copies by regular mail and by certified mail. Personal Delivery counts the day placed in your hand.
On top of this, we do not know how your landlord is figuring out when time is up and if it is safe to file the Petition online at NYSCEF and initiate the nonpayment proceeding. We do not know the date of service recited in the affidavit of service completed by the process server.
With all that in the real world often delays commencing the lawsuit are typical.
The point is you do not want to wait until you are forced into paying the rent when the landlord files the nonpayment case or worse with the need to deal with this in court.
I never counsel clients to wait until the day I calculate is the last day of 14 to pay and then pay on that day.
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