Tenant Can Vacate Warrant Based on Improper Termination Notice

July 31, 1997

LVT Number: 11699

Landlord sued to evict month-to-month tenant. The court ruled for landlord. Tenant then asked the court to vacate the judgment and eviction warrant because landlord's termination notice was improper. The court ruled for tenant and dismissed the petition. Landlord's petition stated that the termination notice was served on March 20, 1997, and that tenant's lease term ended on April 1, 1997. This clearly violated the requirement that the termination notice give tenant at least 30 days' notice.

Landlord sued to evict month-to-month tenant. The court ruled for landlord. Tenant then asked the court to vacate the judgment and eviction warrant because landlord's termination notice was improper. The court ruled for tenant and dismissed the petition. Landlord's petition stated that the termination notice was served on March 20, 1997, and that tenant's lease term ended on April 1, 1997. This clearly violated the requirement that the termination notice give tenant at least 30 days' notice.

Martine Realty v. Meyers: NYLJ, p. 33, col. 3 (7/2/97) (City Ct. White Plains; Washington, J)

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