RPAPL 735 is the New York law that says how eviction court papers must be delivered to you. Under RPAPL 735, papers left with another person or at your door must also be mailed to you within one day.
What RPAPL 735 Actually Says
Think of RPAPL 735 as the rulebook for delivery. It covers two court papers: the notice of petition and the petition. The notice tells you when and where to go to court. The petition explains why the landlord says you should leave. Lawyers call this delivery service of process.
The law lists the delivery methods in order. First, the server may hand the papers to you in person. Second, the server may give them to a “person of suitable age and discretion.” That person must live or work at your home. However, the server must first make a “reasonable application” to get in and find someone.
Only if that fails can the server use the last option. They can attach the papers to a “conspicuous part” of your home, like your door. They can also slide them under your entrance door. With the second and third methods, a mailing is also required. For example, taping papers to your door, with no mailing, is not enough. You can read the full text of the statute on the New York Senate website.
| Provision | Exact rule | Section |
|---|---|---|
| Personal delivery | Papers handed directly to you | § 735(1) |
| Substitute service | Given to a person of suitable age and discretion who lives or works at the property | § 735(1) |
| Door service | Attached to a conspicuous part of the property or put under the entrance door, only if reasonable application fails | § 735(1) |
| Follow-up mailing | Within 1 day, by registered or certified mail AND by regular first-class mail | § 735(1) |
| Proof of service | Filed with the court within 3 days (from delivery if served in person; from mailing for other methods) | § 735(2) |
| When service is complete | For the non-personal methods, only when proof of service is filed | § 735(2) |
Who RPAPL 735 Covers (and Who It Does Not)
RPAPL 735 applies to summary eviction cases across New York State. In most cases, that means nonpayment cases and holdover cases. It covers apartments, houses, and rented rooms. It applies in New York City Housing Court and in local courts outside the city.
The law also controls where mail must go. Copies go to the rental property. If you do not live there, the landlord must also mail to your last home address, if they have it in writing. If they do not have one, they mail to your last work address, if they have that in writing. Business tenants are covered too. For them, mail also goes to their main office in New York, if it is known in writing.
However, RPAPL 735 only covers how papers are served. It does not decide whether the landlord has a good reason to evict. It also does not set rent rules or the warnings required before a case starts. Other New York laws handle those. Local rules and rent regulations may give you extra protection. Check with your court’s help center to see what applies to you.
What Your Landlord Must Do Under This Law
Under RPAPL 735, your landlord cannot just leave papers anywhere. Typically, a process server does the delivery. The server must first try to hand the papers to you or another adult at your home. The law calls this a “reasonable application.” Only after that fails can the papers go on or under your door.
Next comes the mailing. If papers went to another person or to your door, copies must be mailed within one day. The landlord must use two kinds of mail. One is registered or certified mail. The other is regular first-class mail. Both are required, not just one.
Finally, the landlord must file proof of service with the court. As a result of RPAPL 735, service by the backup methods is not complete until that proof is filed. Proof is usually a sworn statement from the process server. It should say who was served, when, where, and how. You can ask the court clerk to see it.
What You Can Do When It Is Broken
If service did not follow RPAPL 735, you can raise “improper service” as a defense. You usually do this in your answer to the court. Raise it early. Courts may treat the objection as given up if you wait. The judge may then hold a hearing to test the server’s story. This is often called a traverse hearing.
If the judge agrees service was bad, the case may be dismissed. However, the landlord can often start over and serve you correctly. Courts have also sometimes excused a late proof-of-service filing. So a service mistake may buy you time. Still, it may not end the dispute for good.
Keep a record now. Save every envelope and note the postmarks. Write down when and where you found the papers. Take photos of your door. Then contact a local legal-aid office or tenant attorney right away. In New York City, many tenants facing eviction may qualify for a free lawyer. Ask the Housing Court help center how to get one.
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Frequently Asked Questions
My papers were taped to my door. Is that allowed under RPAPL 735?
It can be, but only as a backup. The server must first make a reasonable attempt to reach you or another adult at home. Then copies must be mailed to you within one day, by certified or registered mail and regular first-class mail.
Can someone else in my home accept the papers for me?
Yes, if the person is of suitable age and discretion and lives or works there. Under RPAPL 735, the landlord must still mail you copies within one day. If no copies arrived, tell the court.
If service was wrong, can I skip court?
No. Always go to your court date. Tell the judge about the service problem there, or in your written answer. Missing court could lead to a default judgment against you.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.