Lease Didn't Require 30-Day Notice for Nonpayment Case

July 31, 2003

LVT Number: 16748

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that his condominium building lease required delivery of a 30-day notice before starting an eviction case. The court ruled against tenant. The lease clause tenant relied on applied to lease defaults that resulted in ''termination and forfeiture.'' Landlord didn't terminate tenant's lease. He simply started a nonpayment case, and there would be no termination of the tenancy if tenant paid the rent.

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that his condominium building lease required delivery of a 30-day notice before starting an eviction case. The court ruled against tenant. The lease clause tenant relied on applied to lease defaults that resulted in ''termination and forfeiture.'' Landlord didn't terminate tenant's lease. He simply started a nonpayment case, and there would be no termination of the tenancy if tenant paid the rent. The lease clause didn't apply to this case.

Choi v. Nicholas: L&T Index No. 66437/03 (Civ. Ct. NY 6/23/03; Pinckney, J) [2-pg. doc.]

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