Eviction Notices | Service of Process

If it's been at least five days since the rent was due, a property owner or manager may provide their tenant(s) with a notification, such as overdue invoice or a letter including the particular details; via USPS Certified Mail (no signature required) indicating that rent is past due. A Process Server may then begin making attempts to Serve the tenant(s) with a 14 Day Notice to Pay or Quit or other similar Landlord / Tenant (L&T) Notice.

New York State: TENANT QUESTIONS & ANSWERS IN NONPAYMENT EVICTION CASES

Serving an eviction notice in Rochester and throughout all New York requires that the same third party individual make up to three (3) attempts, on three (3) different days, at three (3) different times of day, within a seven (7) day period.

Sample Document: Eviction Notice | 14 Notice to Pay or Quit

USPS First Class and Certified Mail is included with no hidden fees, as are signed & notarized Affidavit of Service for up to three named tenants per address.

Should the fourteen (14) days expire without payment, a Notice of Petition & Petition must be filed and Served. This will again require a Process Server make up to three (3) attempts, on three (3) different days, at three (3) different times of day, within a seven (7) day period. USPS First Class and Certified Mail may also be required. Service must occur between seventeen (17) & ten (10) days before the scheduled court date, with short deadlines to notarize & file the Affidavit of Service.

Within the City of Rochester, paperwork must be submitted and the fee paid before eviction services may begin, while surrounding areas provide a court date and collect the fee after Service is complete.

Attorneys & Law Firms providing Notary services & filing with the court may request this type of Service due to the stringent deadlines required when Serving these types of eviction notices. Property managers are encouraged to recommend us to their preferred attorney or law firm.