Landlord Claims Tenant Didn't Renew Lease

December 22, 2014

LVT Number: #25861

Landlord sued to evict non-purchasing tenant in cooperative building for failure to renew her lease. Tenant claimed that failure to sign a renewal lease wasn't grounds for eviction under the Martin Act. The court ruled for tenant and dismissed the case. Landlord appealed, and the case was reopened. Tenant's failure or refusal to sign a renewal lease was grounds for eviction under the Martin Act because, if proved, it was a breach by nonpurchasing tenant of her obligations to the cooperative shareholder under GBL Section 352-eeee(2)(c)(ii).

Landlord sued to evict non-purchasing tenant in cooperative building for failure to renew her lease. Tenant claimed that failure to sign a renewal lease wasn't grounds for eviction under the Martin Act. The court ruled for tenant and dismissed the case. Landlord appealed, and the case was reopened. Tenant's failure or refusal to sign a renewal lease was grounds for eviction under the Martin Act because, if proved, it was a breach by nonpurchasing tenant of her obligations to the cooperative shareholder under GBL Section 352-eeee(2)(c)(ii). If tenant breached her obligation to sign a proper renewal lease with a renewal rent that was not unconscionable, she would be entitled to a 10-day postjudgment period to cure the breach. 

MMB Apartments, LLC v. Guerra: Index No. 855/2013, NYLJ No. 1202677666123 (App. T. 2 Dept.; 11/28/14; Pesce, PJ, Aliotta, Elliot, JJ)

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