Landlord Improperly Sued to Evict Shareholder Tenant as Licensee After Foreclosure

April 28, 2017

LVT Number: #27641

Landlord cooperative corporation sued to evict shareholder tenant after recovering the apartment in a nonjudicial foreclosure after tenant failed to make maintenance payments. Landlord started the case by sending tenant a 10-day notice to quit, claiming that tenant was now a licensee. Tenant claimed that this was improper, and that a 30-day termination notice was required by his proprietary lease. The court ruled for tenant and dismissed the case. Tenant wasn’t a licensee. If his proprietary lease had been terminated, no 30-day notice would be needed.

Landlord cooperative corporation sued to evict shareholder tenant after recovering the apartment in a nonjudicial foreclosure after tenant failed to make maintenance payments. Landlord started the case by sending tenant a 10-day notice to quit, claiming that tenant was now a licensee. Tenant claimed that this was improper, and that a 30-day termination notice was required by his proprietary lease. The court ruled for tenant and dismissed the case. Tenant wasn’t a licensee. If his proprietary lease had been terminated, no 30-day notice would be needed. But landlord didn’t state in its notice or court papers that the proprietary lease had been terminated. So the case must be dismissed.

 

 

 

Chatham Square Owners Corp. v. Roth: Index No. LT-004853-16, NYLJ No. 1202780068408 (Dist. Ct. Nassau; 2/22/17; Fairgrieve, J)

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