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serving notice of termination papers properly

Discussion in 'Eviction, Recovery of Premises' started by Acac, Mar 25, 2020.

  1. Acac

    Acac Law Topic Starter New Member

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    Jurisdiction:
    New York
    I will be having a server serve notice of termination papers to a roomate/helper in my apartment. I understand serving has to be done in a very specific way. My question is, I would like the server to hand mail that I have not given the roomate since our dispute arose, at the same time as handing her the notice of termination papers. Is there any legal problem with server handing both things at the same time?
     
  2. Zigner

    Zigner Well-Known Member

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    Why are you intercepting someone else's mail?
     
  3. Acac

    Acac Law Topic Starter New Member

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    I have a Super's apt. I advertised for a live in helper for one of the bedrooms. The person has been fired but refuses to leave. I never give out the mailbox key to helpers, and have an informal arrangement where I leave the mail when I have time.
     
  4. mightymoose

    mightymoose Moderator

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    The mail issue is unimportant. Deliver it as previously agreed.
     
  5. Zigner

    Zigner Well-Known Member

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    I agree with the second statement, but not the first. Interception of US mail is a federal matter. The OP needs to make sure that the person gets his mail asap and not play games.
     
  6. mightymoose

    mightymoose Moderator

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    The mail has not been intercepted. This would mean that the mail is not reaching the intended recipient. It was delivered to a box the tenant has never had access to, then given to the tenant periodically as agreed.
    The tenant is free to change address or use a PO box if that arrangement doesn't work.
     
  7. Zigner

    Zigner Well-Known Member

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    The OP is holding it until he deigns to deliver it.
     
  8. mightymoose

    mightymoose Moderator

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    Well, the alternative is to leave it in the locked mailbox where the addressee will never get it. Another option is to return it to the sender.
    Delivery/access to the mail was apparently resolved by an agreement between the two parties, and it seems the OP here is making an effort to deliver it as agreed. There is no intent to deprive the addressee of the mail.

    At any rate... That is not the issue in question.

    No, there is nothing wrong with asking the person delivering the notice to also deliver the mail, but doing so isn't necessary.
     

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