Landlord's Notice to Quit Didn't Notify Tenants of Consequences of Not Moving Out

LVT Number: #19713

Landlord sued to evict tenants after sending tenants a 10-day notice to quit after building went into foreclosure. Tenants asked the court to dismiss the case. They claimed that landlord's notice was defective. The court ruled for tenants. The notice didn't tell tenants that a court proceeding would be commenced if they didn't move out after 10 days. The notice also was signed by landlord's attorney, instead of landlord, and didn't include an authorization form from landlord to its attorney.

Landlord sued to evict tenants after sending tenants a 10-day notice to quit after building went into foreclosure. Tenants asked the court to dismiss the case. They claimed that landlord's notice was defective. The court ruled for tenants. The notice didn't tell tenants that a court proceeding would be commenced if they didn't move out after 10 days. The notice also was signed by landlord's attorney, instead of landlord, and didn't include an authorization form from landlord to its attorney.

GMAC Mortgage Corp. v. Toureau: NYLJ, 6/20/07, p. 21, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)