Landlord Mistakenly Sent Renewal Form After Sending Nonrenewal Notice

Landlord sued to evict tenant for nonprimary residence. Shortly after landlord sent tenant its nonrenewal notice and before starting the court case, landlord mistakenly sent tenant a renewal lease form. When tenant sent landlord the signed form, landlord advised tenant that it wasn't renewing his lease and that the nonrenewal notice remained in effect. Tenant claimed that by sending the renewal offer, landlord had waived its right not to renew the lease. The court ruled for tenant and dismissed the case. Landlord appealed and won. Given landlord's withdrawal of the renewal offer and the short time period involved, landlord couldn't have intentionally waived its nonrenewal notice. The case was sent back for further proceedings, including pretrial questioning by landlord.

Soho Village Realty v. Gaffney: NYLJ, p. 26, col. 3 (7/13/99) (App. T.1 Dept.; McCooe, JP, Freedman, Davis, JJ)