Renewal Lease Binding Even Though Landlord Sent Nonrenewal Notice

LVT Number: #30128

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord also sent a renewal lease offer to tenant during the relevant window period. The court ruled for tenant and dismissed the case. Landlord sent a timely nonrenewal notice, but also sent tenant a rent-stabilized renewal lease offer. Tenant signed and accepted a two-year renewal offer. This created an enforceable lease agreement despite service of the nonrenewal notice.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord also sent a renewal lease offer to tenant during the relevant window period. The court ruled for tenant and dismissed the case. Landlord sent a timely nonrenewal notice, but also sent tenant a rent-stabilized renewal lease offer. Tenant signed and accepted a two-year renewal offer. This created an enforceable lease agreement despite service of the nonrenewal notice. Landlord claimed that it couldn't be held to the renewal lease because it didn't sign it, but the court found that delivery of the lease resulted in a binding bilateral contract.

1500 Grand Concourse Owners v. Martinez: Index No. 72595/2017, NYLJ No. 1554177586 (Civ. Ct. Bronx; 3/4/19; Lach, J)