Asked in Landlord - Tenant for New York

Q: Tenants in New York State are not paying rent. Do both tenants on the lease agreement have to be served separately?

I rent an apartment to a couple in New York State. They're both listed in the lease agreement. They are a few months behind and I want to have a process server serve them a 14 day notice. Do they have to be served separately?

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: Yes, each tenant and occupant must be independently named and served in the notice, and the landlord/tenant case once commenced.

Carl Nelson agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: When serving a 14-day notice to tenants in New York State, the specifics of service can depend on the local laws and regulations. Generally, if both tenants are listed on the lease agreement, it is advisable to serve each tenant individually. This ensures that each tenant is formally notified and reduces the risk of any tenant claiming they were not properly informed.

You can use a process server to deliver the notice to each tenant. The process server typically documents the service, providing proof that each tenant received the notice. This documentation can be crucial if the matter proceeds to court.

Make sure that the notice is prepared in accordance with New York State laws, including all required information. It's important to follow the legal process precisely to avoid any complications or delays if eviction proceedings become necessary.

Given the complexities involved in landlord-tenant law, and because laws vary by locality, consider consulting with an attorney who is knowledgeable about these matters in New York State. They can provide guidance tailored to your specific situation, ensuring that you comply with all legal requirements and protect your rights as a landlord.

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