Condo Tenant Didn't Exercise Renewal Option in Time

March 1, 2008

LVT Number: #20251

Tenant of condominium apartment sued landlord unit owner when his lease wasn’t renewed. Tenant claimed that he had the option to renew or buy the apartment under the terms of his lease. The court and appeals court ruled against tenant. Tenant’s one-year lease gave tenant the right to either renew the lease or buy the apartment, if tenant notified landlord at least 60 days before the lease expiration date. Tenant didn’t request a renewal of his lease on time.

Tenant of condominium apartment sued landlord unit owner when his lease wasn’t renewed. Tenant claimed that he had the option to renew or buy the apartment under the terms of his lease. The court and appeals court ruled against tenant. Tenant’s one-year lease gave tenant the right to either renew the lease or buy the apartment, if tenant notified landlord at least 60 days before the lease expiration date. Tenant didn’t request a renewal of his lease on time. Although landlord allowed him to remain for a while as a month-to-month tenant, the lease also stated that landlord’s acceptance of rent after lease expiration didn’t waive landlord’s rights.

Kunze v. Arito, Inc.: NYLJ, 2/19/08, p. 29, col. 1 (App. Div. 1 Dept.; Lippman, PJ, Tom, Buckley, Gonzalez, JJ)

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