An affidavit of service new york courts rely on is a sworn statement from the person who delivered your eviction papers. It says who served you, plus when, where, and how. Your landlord must file it with the court before the case can move forward. That’s why it matters to you. If the affidavit of service new york law requires is sloppy, late, or false, a judge may dismiss the case. If you never got the papers, this document is often where your defense starts.
When and Why to Use an Affidavit of Service New York
In most cases, you’ll first see an affidavit of service new york landlords filed after you get court papers. Under RPAPL Section 735, the landlord must serve the notice of petition and petition in one of three ways. One is personal delivery to you. Another is leaving the papers with someone “of suitable age and discretion” at your home. The third is attaching the papers to your door after trying to reach you. That last method is often called “nail and mail.”
With the second and third methods, the landlord must also mail you copies. They go by certified mail and regular first-class mail. The process server then signs a sworn statement describing all of this. However, process servers sometimes cut corners. Some claim they served people who were at work, out of town, or in the hospital. As a result, reading the affidavit of service new york rules require can uncover real problems.
You may also need to create one yourself. For example, a judge may sign your Order to Show Cause to stop an eviction. That order usually says you must serve the landlord by a certain date. You then prove it with your own affidavit of service new york courts will accept. The Cornell Legal Information Institute defines an affidavit as a written statement sworn under oath.
What to Include in an Affidavit of Service New York (and What to Leave Out)
A valid affidavit of service new york judges accept typically includes the case name and index number. It names the person who delivered the papers and states that they are over 18. It also says they are not a party to the case. Then it lists the papers served, plus the date, time, and full address. Finally, it states the method of service. It must be signed in front of a notary, or sworn under penalty of perjury where the court allows it.
When service was made on another person at your home, the server usually describes that person. That means sex, approximate age, height, weight, and hair color. In New York City, process servers must be licensed by the city. They also keep electronic records of where they were. Leave out opinions, arguments, and anything the server didn’t personally see. An affidavit of service new york courts can trust sticks to facts. The table below shows the key deadlines.
| Step (New York eviction case) | Exact deadline | Source |
|---|---|---|
| Rent demand before a nonpayment case | 14 days written notice | RPAPL 711(2) |
| Serving the notice of petition before the court date | At least 10 and no more than 17 days before | RPAPL 733 |
| Mailing copies after substituted or “nail and mail” service | Within 1 day after delivery | RPAPL 735 |
| Filing proof of service with the clerk | Within 3 days after delivery or mailing, whichever is later | RPAPL 735 |
| Tenant’s answer in a nonpayment case | Within 10 days after service | RPAPL 732 |
Sample Template You Can Adapt
Use this sample when a friend or relative serves your papers on the landlord or the landlord’s lawyer. You cannot serve the papers yourself. Under New York court rules, the server must be a non-party who is at least 18.
Sample template – adapt to your state and your situation. This is an informational sample, not legal advice.
[NAME OF COURT, e.g., Civil Court of the City of New York, County of ___, Housing Part]
[Landlord Name], Petitioner,
against
[Your Name], Respondent.
Index No. [Index Number]
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
COUNTY OF [County] ) ss.:
[Server’s Full Name], being duly sworn, says:
1. I am over 18 years old. I am not a party to this case. I live at [Server’s Address].
2. On [Date], at [Time] a.m./p.m., I served the following papers: [List papers, e.g., Order to Show Cause signed [Date], Affidavit in Support, and exhibits].
3. I served them on [Name of Person Served, e.g., Landlord or Landlord’s Attorney] at [Full Address].
4. I served them by [Method: personal delivery to [Name] / first-class mail in a sealed, postpaid envelope deposited at the U.S. Post Office at [Location] / other method required by the order].
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5. [If personal delivery] The person served was: sex [___], approximate age [___], height [___], weight [___], hair color [___].
______________________
[Server’s Signature]
[Server’s Printed Name]
Sworn to before me on [Date]
______________________
Notary Public
How to Send It So It Counts
First, read the court order carefully. It usually says exactly how and by when to serve the other side. Follow it word for word. If it says personal delivery, mail alone may not count. If it says first-class mail, keep the post office receipt. Certified mail with a return receipt gives you extra proof. However, it only counts as the official method if the order allows it. Your affidavit of service new york clerks review must match what the order required.
Keep at least two copies of everything. That means the papers served, the signed affidavit, and every mailing receipt. File the original with the clerk. Many tenants find it helpful to photograph the envelope before mailing. The NY CourtHelp website explains filing steps and forms. If you have an active eviction, contact legal aid right away. NYC tenants may qualify for free lawyers through the city’s Right to Counsel program. Outside NYC, try LawHelpNY.
Frequently Asked Questions
What if the affidavit of service new york landlords filed has false information?
You may be able to ask for a “traverse hearing.” At that hearing, the process server must testify about how they served you. If the judge finds service was improper, the case may be dismissed. Raise this in your answer or at your first court date, or you could lose the defense.
Where do I find the affidavit of service in my case?
Ask the court clerk for your file using your index number. In many New York courts, you can also view filings online through the state’s electronic court records. Check the affidavit of service new york rules require the landlord to file within 3 days after service was completed.
Can I sign my own affidavit of service?
Typically, no. Under New York rules, a party to the case generally cannot serve the papers. A friend, relative, or paid process server who is at least 18 must serve them and sign the affidavit.
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Find Your State’s Exact Rules
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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.