She is trying to evict me. I also wanted to know why would she have the cops deliver the 30 days notice instead of giving it to me herself? Also the notice is dated 5/18 and it says I have to be out by 6/11, but that's not 30 days. Isn't it suppose to be 30 days from the date the notice is dated?
Yes. The landlord must give you rent receipts. See this link:
With regard to the 30 Day Notice, only if you are a non rent regulated month-to-month tenant may your landlord serve you with a 30 Day Notice. The notice must be served in the month prior to the month that your tenancy is sought to be terminated. For example if it is served at any time in the month of May the notice should require you to vacate by the end of June but if the notice is served in June then you would have until the end of July. The 30 days begin to run from the day that you were SERVED not the date of the notice. These notices can be complicated so it is best to have an attorney determine if it was properly served. Anyone on behalf of the landlord can serve you but not the individual landlord him/herself. Seems odd to have a "cop" serve it. Perhaps it was a sheriff or marshal who delivered it to you.
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Dear Brooklyn Tenant:
What "cops" gave you the thirty day notice? If the person who gave the notice to you did not also prepare an affidavit of service and give that affidavit to the landlord then the landlord has no proof you were served with anything unless you go out of your way to admit the service.
In any case cop served or not the paper you describe as a thirty day notice is not. A thirty day notice must provide at least thirty days as you noted ahead of the day to leave but also must end the tenancy on the last day of the month. So a notice served on you on May 18 (the date on the notice is not the first day unless that is the service date as well) has to be written to end the month to month tenancy on June 30 not as you thought June 18.
Right now rent receipts don't mean much since your landlord isn't ending your tenancy over a problem with rent. An NYC landlord is able to end a month to month tenancy without need for any specific reason as long as the landlord properly served a written thirty day tenancy termination notice.
Your landlord seems not to have done so. If your landlord follows the defective notice with a holdover petition you should be able to beat that case.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
My inquiry to you is whether you already have a judgment of possession and warrant of eviction issued against you and the notice served on you by the "cops" was a Section 5-4: Additional Notice of Eviction After Thirty Days or Stay of Eviction?
Did you already have a proceeding in L&T court? You can check on NYS e courts.
The notice has to end both at the end of a month and at least 30 days. I am very surprised that the police would get involved in service of process and I suspect you are mistaken. In any case, SHE is the person who is NOT ALLOWED to hand you the notice.
When the landlord refuses to give receipts, you either use a check or money order or do not pay until you get to court. The cops don't serve 30 day notices. I do not think the NYPD would permit a uniformed police officer sign off on an Affidavit of Service AND sign it with a notary. So that notice is defective, because there aren't going to be any Affidavits of Service. Meanwhile, you get one full month notice, so it is defective.
If you are looking for receipts for back rent--if you paid cash, good luck. You are at the mercy of the landlord on that. I always advise tenants DO NOT PAY CASH unless you get a receipt on the spot.
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