Landlord Can Rely On First Notice to Quit

Landlord sued to evict tenant at will. The court dismissed the case for improper service. Landlord again sued to evict, 18 months later. Tenant claimed landlord's new petition was defective because landlord didn't serve a second notice to quit. Tenant asked the court to dismiss the case. The court ruled against tenant on this issue. Landlord's 30-day notice to quit, served on tenant at will under RPL section 228, wasn't made null and void when landlord's first nonpayment petition was dismissed. The law states that after the 30 days, landlord can proceed ''without further or other notice to quit.'' Tenant never had a lease but lived at the premises based on relationship with prior landlord, who died and left property to new landlord.

Taranto v. Alexejew: 632 NYS2d 758 (1995) (Nassau Co. Dist. Ct.; Bergstein, J)