Landlord Claims Tenant Didn't Sign and Return Renewal Lease
LVT Number: 13886
Landlord sued to evict rent-stabilized tenant for not signing a renewal lease offered by landlord. Tenant claimed that landlord's termination notice was improper and also that it was waived because landlord delivered a second termination notice to tenant for violating a no pets clause in her lease. The court ruled for tenant. Landlord's second termination notice for the lease violation didn't waive the first notice of nonrenewal. Landlord was required to enforce the no pets clause within 90 days. But landlord delivered the first termination notice before expiration of the 60-day period for returning the lease. Tenant claimed that she hadn't received the lease renewal form. She tried to renew when she received the termination notice, but landlord refused.
Farchester Gardens Inc. v. Licini: NYLJ 1/5/00, p. 32, col. 4 (City Ct. Yonkers; Martinelli, J)