QUESTION
Can tenant receive 3 day notice without landlord signature? Is it valid?
Asked on Feb 08th, 2013 on Landlord and Tenant Law - New York
More details to this question:
I was served 3 day pay or quit notice that had everything but landlord actual signature. Is it valid? If not then what should I do when the UD summons is served ?
7 ANSWERS
You should file a response in court immediately whether or not there is a signature. Doing so will get you a hearing and buy some time.
Answered on Feb 12th, 2013 at 7:17 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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First of all, it must be a 5-day notice. I do not believe L/T Code states that a signature is required, just amount, date due, etc.
Answered on Feb 11th, 2013 at 6:53 PM
Yes, though the landlord may be required to prove that he authorized the service of it if it was served by someone other than the landlord.
Answered on Feb 10th, 2013 at 11:30 PM
Donald C. McLeaish
When served, answer and take to Court..judge should require proper notice before eviction.
Answered on Feb 10th, 2013 at 10:53 PM
Lisa Hurtado McDonnell
I don't think you need the landlord signature if his or her names on the 3 day notice you were legally served.
Answered on Feb 10th, 2013 at 9:02 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Depending on your state, a signature is not required. The length of time required depends on your lease and if there is no lease, how often you pay rent.
Answered on Feb 10th, 2013 at 7:09 PM
Kevin J. Connolly
Lack of signature on the 3-day notice is a complete defense. When you get served, you need to raise it as a defense. You might need a little help with the paperwork, though the key will be denying the paragraph of the petition that alleges you were served with a 3-day notice.
Answered on Feb 10th, 2013 at 6:53 PM