Additional 30-Day Nonrenewal Notice Not Required

Landlord, an educational institution, sued to evict rent-stabilized tenant because landlord needed tenant's apartment for use as a classroom. Tenant asked the court to dismiss the case. She said landlord accepted a rent check from her after her lease had expired and, therefore, had waived the nonrenewal of her lease. Tenant also argued that landlord created a month-to-month tenancy by accepting rent after her lease had expired. At a minimum, landlord should have sent tenant another 30-day termination notice before starting the court proceeding. The court ruled against tenant. Rent Stabilization Code Section 26-515(a) covers nonrenewal of leases by educational institutions and specifically allows landlord to collect rent from tenant after a lease termination under specific circumstances. The law says that landlord should send tenant a lease nonrenewal notice between 150 and 120 days before the lease expiration. But the law also states that landlord can send the nonrenewal notice sooner than 120 days before the lease expiration as long as landlord gives tenant 120 days before starting an eviction proceeding. The law further provides that during the 120-day period, tenant must be charged the same rent even if the lease expires.

Yeshiva Nesivos Chaim v. Medina: NYLJ, 1/10/07, p. 23, col. 3 (Civ. Ct. Kings; Kraus, J)