Cal. Civ. Code § 735
Manner of service; filing; when service complete
Operative Text
§ 735. Manner of service; filing; when service complete. 1. Service of the notice of petition and petition shall be made by personally delivering them to the respondent; or by delivering to and leaving personally with a person of suitable age and discretion who resides or is employed at the property sought to be recovered, a copy of the notice of petition and petition, if upon reasonable application admittance can be obtained and such person found who will receive it; or if admittance cannot be obtained and such person found, by affixing a copy of the notice and petition upon a conspicuous part of the property sought to be recovered or placing a copy under the entrance door of such premises; and in addition, within one day after such delivering to such suitable person or such affixing or placement, by mailing to the respondent both by registered or certified mail and by regular first class mail, (a) if a natural person, as follows: at the property sought to be recovered, and if such property is not the place of residence of such person and if the petitioner shall have written information of the residence address of such person, at the last residence address as to which the petitioner has such information, or if the petitioner shall have no such information, but shall have written information of the place of business or employment of such person, to the last business or employment address as to which the petitioner has such information; and (b) if a corporation, joint-stock or other unincorporated association, as follows: at the property sought to be recovered, and if the principal office or principal place of business of such corporation, joint stock or other unincorporated association is not located on the property sought to be recovered, and if the petitioner shall have written information of the principal office or principal place of business within the state, at the last place as to which petitioner has such information, or if the petitioner shall have no such information but shall have written information of any office or place of business within the state, to any such place as to which the petitioner has such information. Allegations as to such information as may affect the mailing address shall be set forth either in the petition, or in a separate affidavit and filed as part of the proof of service. 2. The notice of petition, or order to show cause, and petition together with proof of service thereof shall be filed with the court or clerk thereof within three days after; (a) personal delivery to respondent, when service has been made by that means, and such service shall be complete immediately upon such personal delivery; or (b) mailing to respondent, when service is made by the alternatives above provided, and such service shall be complete upon the filing of proof of service.
N.Y. Real Prop. Acts & Proc. Law § 735 establishes the methods by which a landlord must serve a notice of petition and petition on a tenant in an eviction proceeding. Service can occur through direct personal delivery, delivery to a suitable person at the property, or — if neither is possible — by posting on a conspicuous part of the premises or placing documents under the entrance door, followed within one day by both certified/registered and first-class mail to the respondent's known addresses. The statute also sets deadlines for filing proof of service with the court: within three days of personal delivery or mailing, depending on which method was used, and specifies when service is legally considered complete under each method.
Plain English — not legal advice.
Property owners and managers initiating eviction proceedings in New York must follow the precise service hierarchy set out in § 735 to ensure the proceeding is properly commenced. Compliant operators document each step — including attempts to gain admittance, the identity and description of any person who received substitute service, and all mailing addresses used — and file proof of service with the court within the three-day window the statute requires. Keeping thorough written records of known addresses for both natural persons and business entities, and including that information in the petition or a separate affidavit, is a standard practice for operators seeking to satisfy the statute's mailing requirements.
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 § 735, a tenant facing eviction has the right to receive proper service of the notice of petition and petition through one of the specific methods the statute authorizes; service that does not comply with those methods may be legally defective. A tenant who believes service was not completed correctly — for example, that required mailings were omitted or that the three-day filing deadline was missed — may be able to raise that defect as a defense in the eviction proceeding. Tenants who have questions about whether service in their case met the statutory requirements can consult a local tenant-rights organization, a legal aid office, or review resources available through New York's court system.
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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