Service Defective Since Tenant Lived at Different Address

LVT Number: 12671

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord didn't send the court papers properly and asked the court to dismiss the case. The court ruled for tenant. If landlord knows that tenant is living somewhere other than the apartment, RPAPL Section 735 requires landlord to mail a copy of any notices and the petition to tenant at the other address as well as at the apartment. In this case, subtenant had advised landlord in writing that she was living in the apartment and that tenant was living in a different apartment in the building.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord didn't send the court papers properly and asked the court to dismiss the case. The court ruled for tenant. If landlord knows that tenant is living somewhere other than the apartment, RPAPL Section 735 requires landlord to mail a copy of any notices and the petition to tenant at the other address as well as at the apartment. In this case, subtenant had advised landlord in writing that she was living in the apartment and that tenant was living in a different apartment in the building. Landlord didn't send the court papers to tenant at that different address so they weren't properly served.

Dexter 345 Inc. v. Labosky: NYLJ, p. 26, col. 6 (9/30/98) (Civ. Ct. NY; Malatzky, J)