Landlord Can Start Case with 10-Day Notice to Quit

February 1, 1996

LVT Number: 10312

Landlord sued to evict occupants of apartment. Net lessee of building had rented apartment to occupants. Landlord served occupants with a 10-day notice to quit. Occupants claimed that they should have been served with a 30-day termination notice instead, because they were ''tenants by sufferance.'' The court ruled for landlord. A tenancy by sufferance was never created because landlord didn't delay in starting the eviction action.

Landlord sued to evict occupants of apartment. Net lessee of building had rented apartment to occupants. Landlord served occupants with a 10-day notice to quit. Occupants claimed that they should have been served with a 30-day termination notice instead, because they were ''tenants by sufferance.'' The court ruled for landlord. A tenancy by sufferance was never created because landlord didn't delay in starting the eviction action.

Vogel v. Ufi: NYLJ, p. 34, col. 4 (1/17/96) (Civ. Ct. Kings; Rodriguez, J)

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