Landlord's Lease Nonrenewal Notice Stated Sufficient Grounds for Eviction Case

LVT Number: #30151

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The court denied landlord's request for pretrial questioning and granted tenant's request to dismiss the case. Landlord appealed, and the case was reopened. Tenant had claimed that landlord's lease nonrenewal notice was insufficient. But tenant was incorrect.

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. The court denied landlord's request for pretrial questioning and granted tenant's request to dismiss the case. Landlord appealed, and the case was reopened. Tenant had claimed that landlord's lease nonrenewal notice was insufficient. But tenant was incorrect. Landlord's notice set forth case-specific allegations with specific detail based on review of security camera footage showing that tenant was rarely if ever present in the building, that landlord's employees and neighbors had rarely seen tenant in or around the building, that tenant didn't respond to a letter demanding access, and that other individuals were seen coming in and out of tenant's apartment on a regular basis. Landlord could renew its request for pretrial questioning when the case was reopened.

151st and Walton LLC v. Demunn: 63 Misc.3d 153(A), 2019 NY Slip Op 50785(U) (App. T. 1 Dept.; 5/21/19; Shulman, PJ, Gonzalez, Edmead, JJ)