As a landlord, if you are looking to bring your tenant to court, the notice is governed by the 5 and 12 rule. 5 and 12 allude to the number of days notice your tenant is to be given to appear. Either upon the date that papers were filed with the court, or from the day the tenant is officially served documents through a process server, the tenant is given no less than five days, and no more than 12 days notice that they have been summoned to court.
At the Law Offices of Matthew Tannenbaum, we handle all service using a professional process server. We serve the predicate notice and the petition with the process server.
We coordinate the efforts of the process servers with the dates that we schedule to appear in court to give the process servers some time to get their work done. In most cases, locating the tenant to serve notice is not an issue. There are times where it may take some time to find the tenant and serve notice.
Without the use of a process server, the 5-day minimum notice rule would start from the day that our papers were filed with the court. Since the use of the process server extends that date to the date of service, the process server must file an affidavit of service describing how and when the papers were served. These papers must be filed with the court within three days of service.
For more information on 5 And 12 Rule, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (516) 683-1234 today.