Landlord and LINC Tenant Signed Self-Executing Renewal Lease

LVT Number: #27598

Landlord sued to evict tenant after tenant’s lease expired and without first sending a 30-day termination notice. Landlord claimed that no prior notice was required. Tenant asked the court to dismiss the case, claiming that she had received a Living in Communities (LINC) subsidy and that she and landlord signed a lease rider giving her a self-executing renewal lease. Therefore, her lease hadn’t expired. The court ruled for tenant and dismissed the case.

Landlord sued to evict tenant after tenant’s lease expired and without first sending a 30-day termination notice. Landlord claimed that no prior notice was required. Tenant asked the court to dismiss the case, claiming that she had received a Living in Communities (LINC) subsidy and that she and landlord signed a lease rider giving her a self-executing renewal lease. Therefore, her lease hadn’t expired. The court ruled for tenant and dismissed the case. Landlord said he had received a notice from the LINC program indicating that tenant would be terminated from LINC when the lease expired. But tenant claimed she never received this notice and landlord didn’t deny that he signed the lease rider that automatically entitled tenant to a self-executing renewal lease for a second year. 

 
Kpanou v. Green: Index No. 26593/2016, NYLJ No. 1202778475625 (Civ. Ct. Bronx; 12/19/17; Asforis, J)