Landlord Can Evict Tenant Who Refused to Sign Renewal Lease

February 16, 2016

LVT Number: #26773

Landlord sued to evict rent-stabilized tenant for failing to renew her expiring lease. The court ruled for landlord but gave tenant a right to cure and to sign the renewal lease. Tenant appealed and lost, but the appeals court upheld the lower court ruling that tenant had a right to cure. Tenant then appealed to a higher court, which ruled that landlord was entitled to evict tenant. Tenant was given numerous opportunities to sign the renewal lease, following trial, and was given several copies of the renewal lease in court.

Landlord sued to evict rent-stabilized tenant for failing to renew her expiring lease. The court ruled for landlord but gave tenant a right to cure and to sign the renewal lease. Tenant appealed and lost, but the appeals court upheld the lower court ruling that tenant had a right to cure. Tenant then appealed to a higher court, which ruled that landlord was entitled to evict tenant. Tenant was given numerous opportunities to sign the renewal lease, following trial, and was given several copies of the renewal lease in court. Tenant didn’t comply with the court’s advice that she sign the renewal lease and later admitted in a post-trial court hearing that she still hadn’t signed the renewal lease. 

 

 

 
Marsid Realty Co. v. Liu: 2016 NY Slip Op 00254, 2016 WL 155715 (App. Div. 1 Dept.; 1/14/16; Mazzarelli, JP, Acosta, Saxe, Richter, JJ)

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