Q: We sent a tenant a notice to vacate via certified letter, but she is refusing to accept it. What is our next step?
This tenant has been getting increasingly demanding and feels the property is hers, so we decided it was time for her to move. It is a 90 day notice. She is a month to month tenant.
A: Certified mail is insufficient service. A 30, 60 or 90-day notice must be served in person, on a person of suitable age or discretion or nail and mail. You should not do the service yourself. You should consult an attorney if you do not know how to properly serve the tenant.
Elaine Shay and Steven Warren Smollens agree with this answer
A:
Dear Farmingdale Home Owner:
You know your tenant will lawyer up; you should do so before she does. About your ninety-day notification that you will not continue the tenancy--what is the declared end date and last day to vacate and surrender possession to you? Oddly, the Legislature did not create any preferred method to serve this notice other than for NYC, but most judges believe certified mail is the least preferred method for informing an adversary. If there was a lease at one time, the lease, even though expired, controls the method for giving any communication to your tenant.
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