Landlord Can't Reuse Nonrenewal Notice

June 30, 2009

LVT Number: #21998

In January 2009, landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord relied on a lease nonrenewal notice sent by prior landlord in November 2006. Prior landlord had started an eviction proceeding based on the nonrenewal notice, but later the prior proceeding was marked off the court's calendar. Tenant asked the court to dismiss the new case. The court ruled for tenant. The nonrenewal notice was stale. Landlord had started the new case 17 months after the prior case was marked off the court's calendar, without explanation for the delay.

In January 2009, landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord relied on a lease nonrenewal notice sent by prior landlord in November 2006. Prior landlord had started an eviction proceeding based on the nonrenewal notice, but later the prior proceeding was marked off the court's calendar. Tenant asked the court to dismiss the new case. The court ruled for tenant. The nonrenewal notice was stale. Landlord had started the new case 17 months after the prior case was marked off the court's calendar, without explanation for the delay. And since the nonrenewal notice was signed by prior landlord, it didn't contain a required signature by new landlord or new landlord's agent.

Arep 19 Fifty-Fifth LLC v. McLaughlin: NYLJ, 6/24/09, p. 26, col. 1 (Civ. Ct. NY; Elsner, J)

Topics

More like this