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Posted by Mark Smith on October 28, 1999 at 20:03:23:

In Reply to: HELP: need to draft an eviction letter posted by Karla Stinger on October 28, 1999 at 16:46:35:

Real Property Actions and Proceedings Law (RPAPL) §735 governs service of the original notice of termination, effective October 31st, whether it terminates a license (10-days' notice) or a tenancy (30-days' notice). In a roommate situation, personal service (by someone other than you) is preferable.

It looks like the original notice was not properly served, and you'll have to do it again, this time to be effective November 30th.

If your lawyer told you to mail the original notice, he/she should do the second notice for free. As it is, you will be stuck with your roommate for another month.

:
: Hey there. I rent in a Co-Op in Brooklyn NY and I am trying to get my roommate out. She was only supposed to stay for a few moths but has now turned into 5 going on 6. One month and twenty days ago, I wrote her a letter stating that her last day of occupancy is October 31, 1999. I am now having trouble getting her out on this date. My lawyer says I have to initiate a Hold Over Proceeding and that I have to draft a certain letter of notice (30 days) and have someone hand it to her before the 31st. The letter I wrote to her orginally, he says, won't hold up in court. To write this letter, he is going to charge me $200.00. Is that a fair price or is is too much. I have to deal with this in a few hours, so if anyone can offer advice soon, I would really appreciate it. Please email me with any info.

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Comments:
: Real Property Actions and Proceedings Law (RPAPL) §735 governs service of the original notice of termination, effective October 31st, whether it terminates a license (10-days' notice) or a tenancy (30-days' notice).  In a roommate situation, personal service (by someone other than you) is preferable.  

: It looks like the original notice was not properly served, and you'll have to do it again, this time to be effective November 30th.

: If your lawyer told you to mail the original notice, he/she should do the second notice for free.  As it is, you will be stuck with your roommate for another month.


: :
: : Hey there.  I rent in a Co-Op in Brooklyn NY and I am trying to get my roommate out.  She was only supposed to stay for a few moths but has now turned into 5 going on 6.  One month and twenty days ago, I wrote her a letter stating that her last day of occupancy is October 31, 1999.  I am now having trouble getting her out on this date.  My lawyer says I have to initiate a Hold Over Proceeding and that I have to draft a certain letter of notice (30 days) and have someone hand it to her before the 31st.  The letter I wrote to her orginally, he says, won't hold up in court.  To write this letter, he is going to charge me $200.00.  Is that a fair price or is is too much.  I have to deal with this in a few hours, so if anyone can offer advice soon, I would really appreciate it.  Please email me with any info.


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