Eviction Petition Didn't Sufficiently Explain Tenancy Status

April 9, 2012

LVT Number: #24038

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant asked the court to dismiss the case, claiming that the petition was insufficient. The court ruled against tenant and granted landlord a judgment of possession. Tenant appealed and won. The petition contained a number of misstatements and omissions. The petition failed to state that tenant was in possession of a mobile home, that her rights were governed by Real Property Law Section 233, or that she had failed to renew her lease. The petition didn't explain how tenant became month-to-month.

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant asked the court to dismiss the case, claiming that the petition was insufficient. The court ruled against tenant and granted landlord a judgment of possession. Tenant appealed and won. The petition contained a number of misstatements and omissions. The petition failed to state that tenant was in possession of a mobile home, that her rights were governed by Real Property Law Section 233, or that she had failed to renew her lease. The petition didn't explain how tenant became month-to-month. Without this information, the eviction proceeding couldn't properly be determined and it must be dismissed.

Cintron v. Pandis: NYLJ, 3/15/12, p. 31, col. 1 (App. T. 2 Dept.; Nicolai, PJ, Molia, Iannacci, JJ)

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