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3 Day Demand for Rent to first court action

NYC Housing Court Practice/Procedures

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3 Day Demand for Rent to first court action

Postby s_online » Wed Dec 15, 2010 8:14 pm

I've received a 3 Day Demand for Rent letter, but sent a check for the owed money a couple days before receiving this letter. My concern is that if I am away from my apartment for the holidays if they claim not to have been paid how quickly can they move in the courts.

I understand I would have 5 (business days I hope) to respond to the petition thing. The question is how many days would it take for them to serve me with something I would be required to respond to within 5 days, if I am not home.

For instance, if I am away for 9 business days, would they be able to get a petition to me within 4 days so that I would be unable to respond to it within the 5 days.

Does this matter since I am attempting to pay?
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Postby TenantNet » Wed Dec 15, 2010 8:45 pm

The 3-day demand letter is a required warning, but not a court document. At this point I would hand deliver the check or send it certified mail. If hand delivery, demand a receipt which is required by law.

The courts tend to slow down during the holidays (Marshalls often stop all evictions). And occasionally there is some leniency as to counting dates.

LLs often serve papers just before Xmas for no other reason than to be nasty. But even if this happens, the courts often allow for "sewer service" by mailing tenants a postcard of the court date just in case the tenant was not served by the LL.

I can't give you specific timelines, but you ought to be OK until after New Years Day.
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