No Lease Created

LVT Number: 14992

Landlord of an unregulated, not-for-profit residence sued to evict tenant at the end of her tenancy. Tenant claimed that landlord had extended her tenancy and asked the court to dismiss the case. The court ruled against tenant. Tenant appealed and lost. The exchange of letters between landlord and tenant didn't create a lease, since there was no agreement upon essential terms. Landlord's policy statement that referred to the maximum length of stay available to a resident didn't require landlord to let tenant continue living at the residence.

Landlord of an unregulated, not-for-profit residence sued to evict tenant at the end of her tenancy. Tenant claimed that landlord had extended her tenancy and asked the court to dismiss the case. The court ruled against tenant. Tenant appealed and lost. The exchange of letters between landlord and tenant didn't create a lease, since there was no agreement upon essential terms. Landlord's policy statement that referred to the maximum length of stay available to a resident didn't require landlord to let tenant continue living at the residence.

D'Arc Residence v. Tello-Gonzalez: NYLJ, 5/18/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)