There are only three ways to deliver or "serve"
a notice of petition and petition in nonpayment
and holdover cases.
The notice of termination,
notice to quit, notice to cure,
and demand for rent usually
have to be served in one of these three ways also.
Personal Delivery
One copy of the
notice of petition
and
petition may be given to you personally.
If they are given to you personally, no other copies have to be served on you.
Substituted Service
This kind of service takes
two separate steps and
must result in your being served with three copies of
the
notice of petition and
petition.
- Step 1. One copy must be given to
a person of "suitable age and discretion"
who lives or works at your home,
not just someone who happens to be there. (This person
does not have to be an adult, but it should not be a small child.)
- Step 2. By the next day, excluding weekends
and certain holidays, the two other copies must be
mailed to you, one copy by regular and one copy by registered
or certified mail. Certified mail does not require a return receipt,
but you will probably have to sign for it.
Conspicuous Place Service, often called "Nail and Mail Service"
This kind of service also takes
two separate steps
and also
must result in your being served with three copies
of the
notice of petition
and
petition.
- Step 1. The person serving the
notice of petition and petition must come to your apartment
at least two times to try to give those papers to you personally
or to someone who lives or works at your home.
Those two attempts must be at different times of day,
usually once during working hours and once during non-working hours.
After those two attempts, the person serving the notice of petition and
petition can attach one copy to your door or place it
under your door.
- Step 2. By the next day, excluding weekends
and certain holidays, the two other copies must be mailed to you,
one copy by regular mail and one copy by registered or certified mail.
Certified mail does not require a return receipt, but you will probably
have to sign for it.
If you receive a notice from the Post Office that the Post Office has registered
or certified mail for you, go pick it up.
It is always better to know what papers the landlord has sent you.