Landlord Offered Renewal Lease After Sending Nonrenewal Notice

LVT Number: 16076

Landlord sued to evict rent-stabilized tenant after sending tenant a nonrenewal notice. Tenant claimed that the nonrenewal notice was meaningless because landlord later sent tenant a renewal lease. Tenant signed that renewal lease and sent it back to landlord. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Once tenant signed the renewal lease offered by landlord, there was a binding lease agreement. The prior nonrenewal notice didn't matter.

Landlord sued to evict rent-stabilized tenant after sending tenant a nonrenewal notice. Tenant claimed that the nonrenewal notice was meaningless because landlord later sent tenant a renewal lease. Tenant signed that renewal lease and sent it back to landlord. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Once tenant signed the renewal lease offered by landlord, there was a binding lease agreement. The prior nonrenewal notice didn't matter.

Hakim v. Muller: NYLJ, 8/20/02, p. 18, col. 1 (App. T.1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)