Landlord Sent Renewal Offer by Mistake

Landlord asked the DHCR for permission to refuse to renew tenants' leases so that it could evict tenants and demolish the building. One tenant objected. She pointed out that shortly after filing its application, landlord sent her a renewal lease offer that she signed and returned to landlord. The renewal lease offer was dated a few days before landlord's notice to tenant that it wouldn't renew tenant's lease. The DRA ruled against landlord based on landlord's renewal of tenant's lease. Landlord appealed, claiming that the lease renewal offer was a mistake. The DHCR ruled against landlord. The lease renewal offer that landlord made, even if sent by mistake, waived any termination of the tenancy landlord was trying to make. Landlord also accepted and cashed rent checks from tenant during the new lease term at an increased rent. So landlord waived the right to evict tenant for demolition at this time.

22 Park South Co.: DHCR Adm. Rev. Dckt. No. NI420009RO (5/4/00) [6-pg. doc.]