Landlord's Nonrenewal Notice Not Defective

LVT Number: 11666

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord's notice of nonrenewal of lease was defective and asked the court to dismiss the case. Tenant pointed out that landlord's notice stated that it didn't know where tenant might have another residence, but that the notice provided an alternative tenant address in Coxsackie, New York, for service. The court ruled against tenant. Landlord's nonrenewal notice was on time and clear and stated specific facts.

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord's notice of nonrenewal of lease was defective and asked the court to dismiss the case. Tenant pointed out that landlord's notice stated that it didn't know where tenant might have another residence, but that the notice provided an alternative tenant address in Coxsackie, New York, for service. The court ruled against tenant. Landlord's nonrenewal notice was on time and clear and stated specific facts. The notice stated landlord's reasons for bringing the action, including the claim that tenant listed another address on his driver's license and that phone and utility services weren't registered in his name at the apartment. Landlord could fix any minor inconsis-tencies in the notice by amending its court papers.

133 West LLC v. Lew: NYLJ, p. 23, col. 1 (7/30/97) (Civ. Ct. NY; Payne, J)