Law Required Landlord to Explain Facts of Alleged Nonpayment in Termination Notice

Landlord sued to evict tenant, claiming that the tenancy expired after landlord served a lease nonrenewal notice. Tenant asked the court to dismiss the case, while landlord asked the court to direct payment of use and occupancy while the case was pending.

The court ruled for tenant. The underlying grounds for nonrenewal of tenant's lease was nonpayment of rent, and this required examination of the effect of the 2024 Good Cause Eviction (GCE) law. Landlord argued that neither RPL Section 226-c or 231-c required a nonrenewal notice alleging nonpayment to include an accounting of the alleged arrears. As a matter of "first impression," the court found that the GCE law required landlord to inform tenant of the amount of rent owed and periods for which rent was owed in the nonrenewal notice and in the holdover petition. A baseline requirement for any termination notice is that the notice be "clear, unambiguous and unequivocal." And additional requirements are imposed on notices when the termination is predicated upon some specific cause. The notice must identify the legal basis for the termination and supporting facts with a level of reasonableness in view of all attendant circumstances. Because good cause for the nonrenewal is required, the termination notice must include factual allegations sufficient to satisfy the "reasonableness" standard. 

The court also found that landlord's petition failed to comply with the requirements of RPAPL Section 741(4) because the plain statement of a lump sum of arrears failed to provide tenant with the information necessary to identify and interpose potential defenses. 

RP Wimbledon Owner, LLC v. Chisholm: Index No. LT318196-24, 2025 NY Slip Op 25071, NYLJ 4/1/25, p. 17, col. 1 (Civ. Ct. NY; 3/21/25; Mayers, J)