Required Notices for Eviction Based on Nonrenewal of Lease

LVT Number: 18100

Landlord asked the DHCR if it was required to send tenant a notice to cure if tenant didn't renew his rent-stabilized lease. In an opinion letter, the DHCR said no. Under the Tenant Protection Regulations, landlord had two choices. Landlord could deem a renewal lease and begin charging renewal increases. Or landlord could send tenant a 15-day termination notice for failure to timely accept and return a lease renewal offer. The DHCR pointed out that a court could give tenant the opportunity to cure, depending on the circumstances of the case.

Landlord asked the DHCR if it was required to send tenant a notice to cure if tenant didn't renew his rent-stabilized lease. In an opinion letter, the DHCR said no. Under the Tenant Protection Regulations, landlord had two choices. Landlord could deem a renewal lease and begin charging renewal increases. Or landlord could send tenant a 15-day termination notice for failure to timely accept and return a lease renewal offer. The DHCR pointed out that a court could give tenant the opportunity to cure, depending on the circumstances of the case.

DHCR Opin. Ltr. by Michael B. Rosenblatt (1/4/05) [4-pg. doc.]

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