Landlord Withdrew Renewal Lease Offer Sent in Error

LVT Number: #24542

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord had sent tenant a renewal lease offer during the window period, before sending the nonrenewal notice. The court ruled for tenant and dismissed the case. Landlord appealed and won. There were questions of fact that required a trial as to whether landlord properly terminated the tenancy. Landlord claimed that the issuance of the renewal lease offer was a clerical mistake, that tenant didn't sign an acceptance, and that landlord promptly issued a follow-up letter withdrawing the offer before serving a timely nonrenewal notice.

FS 41-45 Tiemann Place LLC v. Estrella: 2012 NY Slip Op 22381, 2012 WL 6652588 (App. T. 1 Dept.; 12/21/12; Lowe III, PJ, Shulman, Torres, JJ)