Landlord Can't Re-Use Termination Notice for Second Eviction Case

June 24, 2015

LVT Number: #26247

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for his own use. The court ruled against landlord and dismissed the case. Landlord sent a lease nonrenewal and termination notice to tenant in July 2014. Shortly after tenant’s lease expired on Oct. 31, 2014, landlord commenced an eviction proceeding based on owner occupancy. Landlord and tenant, by their attorneys, signed a stipulation discontinuing the case without prejudice. Landlord then started a new case in November 2014 without sending a new termination notice.

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for his own use. The court ruled against landlord and dismissed the case. Landlord sent a lease nonrenewal and termination notice to tenant in July 2014. Shortly after tenant’s lease expired on Oct. 31, 2014, landlord commenced an eviction proceeding based on owner occupancy. Landlord and tenant, by their attorneys, signed a stipulation discontinuing the case without prejudice. Landlord then started a new case in November 2014 without sending a new termination notice. Landlord can’t re-use the same lease nonrenewal/termination notice to start a new eviction proceeding after the prior case was withdrawn.

 

 

 
Culhane v. Patterson: Index No. 101773/14, NYLJ No. 1202725323798 (Civ. Ct. Kings; 3/3/15; Marton, J)

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