Landlord Sent Nonrenewal Notice

December 1, 1993

LVT Number: 8373

Landlord sued to evict tenant for nonprimary residence. The court ruled for tenant, finding that landlord didn't serve a nonrenewal notice on time. Landlord appealed. The appeals court reversed, and reopened the case. Landlord had timely served the nonrenewal notice within 120 to 150 days before the latest renewal lease expired. Tenant claimed that the dates of the renewal lease were incorrect, based on a prior stipulation between landlord and tenant. The court ruled that tenant waived any objection to the term of the last renewal lease by accepting it without protest.

Landlord sued to evict tenant for nonprimary residence. The court ruled for tenant, finding that landlord didn't serve a nonrenewal notice on time. Landlord appealed. The appeals court reversed, and reopened the case. Landlord had timely served the nonrenewal notice within 120 to 150 days before the latest renewal lease expired. Tenant claimed that the dates of the renewal lease were incorrect, based on a prior stipulation between landlord and tenant. The court ruled that tenant waived any objection to the term of the last renewal lease by accepting it without protest.

Melohn v. Porder: NYLJ, p. 29, col. 2 (11/22/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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