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delivery of Notice of termination

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delivery of Notice of termination

Postby roberta » Tue Jun 05, 2018 12:05 pm

The building that we live in is in contract for sale. The LL has sent us a notice saying that our tenancy will end on July 31. We are definitely not rent stabilized and we have no lease. As far as I know the other six tenants are in the same situation. The LL told us five months ago that the property is going up for sale and at contract all tenants would be given a notice to vacate, so we have been expecting this.
My question is about the form of delivery of the Notice. She sent it by email. Is that legal? If not, how should I expect it to be delivered legally?
roberta
 
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Re: delivery of Notice of termination

Postby TenantNet » Tue Jun 05, 2018 12:29 pm

Why aren't you RS? Get a rent history from DHCR right away. If you have 6 tenants in the building, the units would have been RS at one point. If you have some reason to believe the units were improperly deregulated, you can file for a lease with DHCR (and that might be able to be used to fight the eviction as long as the DHCR issue is pending). You really need to consult with a tenant attorney ASAP.

There are service requirements for court cases, but I don't know about this. If not RS, then you would be a month-to-month tenant. M2M tenants are supposed to get 30 days written notice.

See this: http://tenant.net/phpBB3/viewtopic.php?f=15&t=5024

Service by email is certainly not allowed. DO NOT TELL this to the LL. Let them assume the notice was valid.

This thread discusses service: http://tenant.net/phpBB3/viewtopic.php?f=15&t=9800

Generally service is done by a process server or someone not working for the LL. They must makes at least two attempts for personal service. Failing that they can use "Nail and Mail" where the notice is taped to your door, then mailed by certified and regular mail.
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Re: delivery of Notice of termination

Postby roberta » Tue Jun 05, 2018 1:15 pm

thank you for the response.
I am not rent stab. I checked that out a long time ago.
And yes, I am now M2M. And the notice gives more than 30 days, the termination date is July 31.
It's certainly possible that this email may not be the only notice. If it has to be personally served I expect that it will be served by a tenant that the LL uses as a part-time super. This tenant is available in the evening and weekends because he has a full time job, so I don't think he is an official employee of the LL. Are you saying that for a notice like this, the court case rules have to be followed (two attempts, cert. mail, etc.)?
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Re: delivery of Notice of termination

Postby TenantNet » Tue Jun 05, 2018 1:24 pm

I would say yes, the court rules apply because the Notice of Termination is also a predicate notice to a holdover proceeding.

As for RS, I know many tenants who have "check it out" and later discover they might be RS after all. If it's 6+ units, built prior to 1947, then you need to see how and why it was deregulated. You can't rely on whatever the LL might have told you.
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