Five Days Not Added to Termination Notice Mailed to Loft Tenant
LVT Number: 18231
Facts: Landlord sued to evict loft tenant for illegally building a corridor in the loft. Before starting the court case, landlord mailed tenant a three-day termination notice on Nov. 17, 2004. The notice terminated the tenancy on Nov. 23, 2004. Tenant asked the court to dismiss the petition. He claimed that landlord's termination notice was defective because landlord didn't add five days for mailing to the termination period. New York's highest court had ruled in another case, ATM One LLC v. Landeverde, that this was required. Landlord argued that the extra five days wasn't required in this case. The method and time for delivering notices was set forth in the lease, and no regulation or law required more. Court: Tenant wins. The high court's goal was to ensure that tenants received the full notice period. If a notice is delivered by mail only, five days must be added. Although the Landeverde case concerned a notice to cure, the same rule applied to termination notices. Without adding five days to allow for receipt by mail, the termination period in landlord's notice was too brief. It didn't give tenant the chance to resolve the situation or prepare for court.
D&R Realty Corp. v. Blakely: NYLJ, 7/20/05, p. 19, col. 1 (Civ. Ct. NY; Lansden, J)