Nonrenewal Notice Contained Enough Facts

LVT Number: 9830

Landlord sued to evict tenant for nonprimary residence. The trial court dismissed landlord's petition, finding that landlord's notice of nonrenewal of tenant's lease was defective. Landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord's notice contained sufficient facts.

Landlord sued to evict tenant for nonprimary residence. The trial court dismissed landlord's petition, finding that landlord's notice of nonrenewal of tenant's lease was defective. Landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord's notice contained sufficient facts. The notice stated that tenant hadn't occupied the apartment since 1992, that in November 1993, the Post Office stopped delivering mail to the apartment because it hadn't been claimed for an extended period, that tenant maintained a primary residence in the Palm Beach, Florida area, that tenant's last known mailing address was a specific post office box in Palm Beach Gardens, and that tenant had bank accounts in two Palm Beach banks.

Perlbinder v. Levey: NYLJ, p. 25, col. 3 (6/28/95) (App. T. 1 Dept.; Ostrau, JP, Miller, Glen, JJ)