Nonrenewal Notice Not Sent on Time

LVT Number: 12525

(Decision submitted by Queens attorney Anthony R. Mordente, who represented the tenant.) Landlord sued to evict rent-stabilized tenant to recover an apartment for occupancy by his daughter and son-in-law. Tenant asked the court to dismiss the case, claiming that landlord's notice of nonrenewal of tenant's lease wasn't sent on time. The court ruled for tenant. Tenant's last renewal lease ended on June 30, 1997. Landlord's nonrenewal notice was dated Oct. 14, 1997.

(Decision submitted by Queens attorney Anthony R. Mordente, who represented the tenant.) Landlord sued to evict rent-stabilized tenant to recover an apartment for occupancy by his daughter and son-in-law. Tenant asked the court to dismiss the case, claiming that landlord's notice of nonrenewal of tenant's lease wasn't sent on time. The court ruled for tenant. Tenant's last renewal lease ended on June 30, 1997. Landlord's nonrenewal notice was dated Oct. 14, 1997. Landlord didn't send the nonrenewal notice between 150 and 120 days before the expiration of tenant's last renewal lease, as required by the Rent Stabilization Code. So landlord's petition was dismissed.

Kyriakos v. Markopoulos: Index No. 57999/98 (5/1/98) (Civ. Ct. Queens; Cavallo, J) [3-page document]

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