Eviction summons

[ccha]

I have a question regarding a non payment of rent case. The landlord sent me a Notice of Evictions which stated that I had 5 days to go to the court house and submit an answer. I couldn't make it to the court in time so I went on the 6th day from the summons. The clerk still took my reply.

But the landlord is saying that he called the court on the morning of the 6th day and they told him that I failed to answer so he started talking to the city marshalls. I didn't go in on the 6th day until that afternoon. The court took my answer and they gave me a court date next week. Can the landlord get this thrown out because I didn't answer in the 5 days? Please advise.

[Anna]

Although theoretically possible, it is extremely unlikely that a judge would strike your answer for being one day late; and you may not have been late at all.... All courts have a long-standing preference to rule on the issues and frequently overlook minor technical flaws.

RPAPL § 732. ...
1. The notice of petition shall be returnable before the clerk, and shall be made returnable within five days after its service.
2. If the respondent answers, the clerk shall fix a date for trial or hearing not less than three nor more than eight days after joinder of
issue, and shall immediately notify by mail the parties or their attorneys of such date. If the determination be for the petitioner, the
issuance of a warrant shall not be stayed for more than five days from such determination.
3. If the respondent fails to answer within five days from the date of service, as shown by the affidavit or certificate of service of the
notice of petition and petition, the judge shall render judgment in favor of the petitioner and may stay the issuance of the warrant for a
period of not to exceed ten days from the date of service.
4. The notice of petition shall advise the respondent of the requirements of subdivisions 1, 2 and 3, above.

Those five days are calendar days, even if the Housing Court clerk told you they were business days or days the court is actually open.

Counting the five days starts with the day after service if they handed it to you face to face at the apt, or the day after they filed the affidavit of service, if they used the other two approved methods of service. see RPAPL § 735.

A tenant can usually reply on the USPS postmark on the postcard the court mails to determine what day the LL filed the affidavit of service.

http://www.tenant.net/Other_Laws/RPAPL/rpapl07.html