Lease Nonrenewal Notice Can Be Delivered in Person or by Regular Mail

May 31, 2007

LVT Number: 19652

Landlord sued to evict rent-stabilized tenant to regain the apartment for owner occupancy. Tenant asked the court to dismiss the case because the lease termination notice was delivered improperly. Landlord's process server tried to deliver the notice personally. But after two attempts, he left copies on tenant's door and mailed additional copies by both certified and regular mail. The court ruled against tenant. The Rent Stabilization Code doesn't say how a lease nonrenewal notice must be delivered. Courts have ruled that either personal delivery or regular mail is sufficient.

Landlord sued to evict rent-stabilized tenant to regain the apartment for owner occupancy. Tenant asked the court to dismiss the case because the lease termination notice was delivered improperly. Landlord's process server tried to deliver the notice personally. But after two attempts, he left copies on tenant's door and mailed additional copies by both certified and regular mail. The court ruled against tenant. The Rent Stabilization Code doesn't say how a lease nonrenewal notice must be delivered. Courts have ruled that either personal delivery or regular mail is sufficient. Landlord therefore delivered the notice properly.

Passolo v. Youssef: NYLJ, 5/30/07, p. 20, col. 3 (Civ. Ct. Kings; Kraus, J)

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