Lease Can't Have Retroactive Start Date

December 1, 2000

LVT Number: 14586

Landlord sued to evict rent-stabilized tenant based on tenant's failure to renew his lease. Tenant asked the court to dismiss the case. In 1998, landlord had sent tenant a nonrenewal notice based on owner occupancy. Landlord then sued to evict tenant on this ground. The case was dismissed in July 1999. In January 2000, landlord offered tenant a renewal lease retroactive to April 1999. Tenant refused to sign the retroactive lease, and landlord started the eviction case. The court ruled for tenant and dismissed the case.

Landlord sued to evict rent-stabilized tenant based on tenant's failure to renew his lease. Tenant asked the court to dismiss the case. In 1998, landlord had sent tenant a nonrenewal notice based on owner occupancy. Landlord then sued to evict tenant on this ground. The case was dismissed in July 1999. In January 2000, landlord offered tenant a renewal lease retroactive to April 1999. Tenant refused to sign the retroactive lease, and landlord started the eviction case. The court ruled for tenant and dismissed the case. The term of the renewal lease should have been prospective, not retroactive. Landlord's renewal lease offer violated the rent stabilization code.

Haruvi v. Rosen: NYLJ, 11/15/00, p. 28, col. 3 (Civ. Ct. NY; Wendt, J)

Topics

More like this