Cal. Civ. Code § 733
Time of service; order to show cause
Operative Text
§ 733. Time of service; order to show cause. 1. Except as provided in section seven hundred thirty-two of this article, relating to a proceeding for non-payment of rent, the notice of petition and petition shall be served at least ten and not more than seventeen days before the time at which the petition is noticed to be heard. 2. The court may grant an order to show cause to be served in lieu of a notice of petition. If the special proceeding is based upon the ground specified in subdivision 1 of section 711, and the order to show cause is sought on the day of the expiration of the lease or the next day thereafter, it may be served at a time specified therein which shall be at least two hours before the hour at which the petition is to be heard.
N.Y. Real Prop. Acts & Proc. Law § 733 establishes the timing rules for serving court papers in most eviction-related special proceedings in New York. Outside of non-payment-of-rent cases, a notice of petition and petition must be served no fewer than ten days and no more than seventeen days before the scheduled hearing date. The statute also allows a court to issue an order to show cause as an alternative to a notice of petition, and in lease-expiration cases where that order is sought on the day the lease expires or the very next day, service may occur as little as two hours before the hearing.
Plain English — not legal advice.
Property owners and managers initiating a summary proceeding under N.Y. Real Prop. Acts & Proc. Law § 733 generally ensure that service of the notice of petition and petition falls within the ten-to-seventeen-day window before the hearing date in non-nonpayment cases. Compliant operators also account for the option of seeking an order to show cause from the court when circumstances warrant an alternative to the standard notice of petition. In lease-expiration proceedings where an order to show cause is sought on the expiration date or the following day, operators are aware that the court may permit service as close as two hours before the hearing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y. Real Prop. Acts & Proc. Law § 733, tenants in most eviction proceedings have a right to receive court papers within a specific window — at least ten days but no more than seventeen days before the hearing — giving them time to prepare a response. If papers were not served within that timeframe, a tenant may be able to raise a procedural defect as part of their response in the proceeding. Tenants who believe service did not comply with § 733 may benefit from consulting a tenant-rights organization or legal aid provider to understand the options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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