Nonrenewal Notice Sent on Time

April 1, 2003

LVT Number: 16453

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant claimed that landlord's nonrenewal notice wasn't sent on time. Tenant's renewal lease stated that the lease started on Nov. 1, 1999, and ended on Oct. 31, 2002, a period of three years. Landlord and tenant agreed that this was a typographical error. Tenant's renewal lease actually was intended to run for two years, ending on Oct. 31, 2001. But the housing court has no authority to reform a lease and tenant never started a court case to do so. So the lease, as stated, expired on Oct.

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant claimed that landlord's nonrenewal notice wasn't sent on time. Tenant's renewal lease stated that the lease started on Nov. 1, 1999, and ended on Oct. 31, 2002, a period of three years. Landlord and tenant agreed that this was a typographical error. Tenant's renewal lease actually was intended to run for two years, ending on Oct. 31, 2001. But the housing court has no authority to reform a lease and tenant never started a court case to do so. So the lease, as stated, expired on Oct. 31, 2002, and landlord's nonrenewal notice dated July 19, 2002, was sent on time.

Rennagel v. Gisondi: NYLJ, 3/19/03, p. 19, col. 3 (Civ. Ct. NY; McClanahan, J)

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