Landlord Disavowed Nonrenewal Notice by Sending Renewal Lease Offer Earlier
LVT Number: #32931
Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court denied tenant's request to dismiss the case without trial. Tenant appealed and won. Landlord's offer to renew tenant's lease on Dec. 16, 2019, which was timely accepted by tenant, created an enforceable lease agreement, notwithstanding landlord's service of a lease nonrenewal notice on Dec. 26, 2019. The fact that landlord may not have intended the proposed lease to constitute a binding offer didn't matter because the statute requires that the offer be binding. The court also rejected landlord's claim that the renewal lease was unenforceable because it incorrectly listed "16 Park Ave" as the building owner. This was the same owner entity listed in the 2018 renewal lease signed by the parties and landlord had instructed tenant to make all rent checks payable to "16 Park Avenue LLC."
Levin v. Brust: Index No. 570074/23, 2023 NY Slip Op 23287 (App. T. 1 Dept.; 9/26/23; Hagler, PJ, Brigantti, James, JJ)