10-Day Notice OK for Licensees

LVT Number: 14830

Landlord sued to evict apartment occupants, claiming that they were licensees. Occupants claimed that they were tenants at will. They said landlord should have sent them a 30-day termination notice, not a 10-day notice. They asked the court to dismiss the case for this reason. The court ruled against occupants. Although they were more like tenants at will than licensees, a 10-day termination notice was proper. Occupants were prior owners of the building and had agreed to move out at the time the building was sold.

Landlord sued to evict apartment occupants, claiming that they were licensees. Occupants claimed that they were tenants at will. They said landlord should have sent them a 30-day termination notice, not a 10-day notice. They asked the court to dismiss the case for this reason. The court ruled against occupants. Although they were more like tenants at will than licensees, a 10-day termination notice was proper. Occupants were prior owners of the building and had agreed to move out at the time the building was sold.

Lipschitz v. Garfinkel: NYLJ, 2/7/01, p. 31, col. 3 (Justice Ct. Ramapo; Etelson, J)