We were sent a 30 day notice by LL (private unregulated home),no lease just paper stating new rent and 30 day notice.
- When is the effective date of the notice? It arrived last week (so after June 1). End of june or July?
- It was not served just sent by regular mail. Is it void?
- Can a holdover case still be brought to court even if NOT served properly?
Landlord / Tenant Lawyer
Dear Astoria Tenant:
It is not unheard that a landlord will commence a holdover proceeding even if the termination notice is defective or served improperly and take the chance in the Housing Court to strike a deal in the lawsuit, or the tenant will not assert a proper challenge to the notice and or to the service.
Even then, a landlord and attorney know, if the tenant sinks money into an attorney to defend a month to month tenancy, the tenant will know from their own attorney that making a deal and moving out with terms, makes more sense than spending time and money in Housing Court and winning, and still not dealing with the reality of the fact a landlord with a month to month tenant will eventually succeed.
Hiring an attorney now allows the tenant to deal with the landlord and attorney before a court case and so they may make a settlement (even if the notice is bad or served wrong) to avoid the filing of a lawsuit and the consequent Housing Court data base of cases and the so-called tenant blacklist.
Read about the blacklist at:
By the way, the notice should state the precise date the tenant must leave and vacate the home. The notice will say June 30 or July 31. You do not need to guess the effective date. If the landlord has an attorney that will allow your attorney a greater chance to negotiate a resolution of the end of the tenancy without a court case and without risk of the blacklist. You have a problem with a landlord without an attorney who may not care about a defective notice and improper service. If that is so, and your old lease allowed for attorney fees in a L&T case, and your landlord goes to court without an attorney, then your lawyer may use the legal fee liability as leverage to negotiate a settlement and expungement of the case from the date base to avoid the black list.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
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