Nonrenewal Notice Not Defective

April 30, 1999

LVT Number: 13174

Landlord sued to evict rent-stabilized tenant. Tenant claimed that landlord's notice of nonrenewal was defective and so the case should be dismissed. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and sent the case back for a trial. Landlord's nonrenewal notice wasn't fatally defective. The heading of the notice obviously was intended to state that it was a notice of nonrenewal. If the heading wasn't clear, the first paragraph of the notice clearly stated that tenant's lease and renewal lease would expire on April 30, 1997, and wouldn't be renewed.

Landlord sued to evict rent-stabilized tenant. Tenant claimed that landlord's notice of nonrenewal was defective and so the case should be dismissed. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and sent the case back for a trial. Landlord's nonrenewal notice wasn't fatally defective. The heading of the notice obviously was intended to state that it was a notice of nonrenewal. If the heading wasn't clear, the first paragraph of the notice clearly stated that tenant's lease and renewal lease would expire on April 30, 1997, and wouldn't be renewed. The notice also clearly stated the date by which tenant was required to give up possession of the apartment.

Gut v. Hernandez: NYLJ, p. 31, col. 3 (4/15/99) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)

Topics

More like this