Tenant Can't Change Mind After Refusing Renewal Offer

March 1, 1999

LVT Number: 13028

Landlord sued to evict tenant after tenant's rent-stabilized lease expired. Tenant's lease had expired on May 31, 1998. In response to landlord's lease renewal offer, tenant told landlord in writing in April 1998 that he intended to move out and not renew his lease. In late April landlord signed a lease for the apartment with tenants who then lived in another apartment in the building. Tenant knew this. In early May 1998, tenant changed his mind and told landlord that he wanted to renew his lease.

Landlord sued to evict tenant after tenant's rent-stabilized lease expired. Tenant's lease had expired on May 31, 1998. In response to landlord's lease renewal offer, tenant told landlord in writing in April 1998 that he intended to move out and not renew his lease. In late April landlord signed a lease for the apartment with tenants who then lived in another apartment in the building. Tenant knew this. In early May 1998, tenant changed his mind and told landlord that he wanted to renew his lease. Tenant claimed he couldn't give up his rights under rent stabilization and should be permitted to stay in the apartment. The court ruled for landlord. Tenant hadn't given up any benefits under rent stabilization by choosing to move out of the apartment. And landlord and two other tenants would be affected by tenant's change of mind.

Livbros LLC v. Vandenburgh: NYLJ, p. 37, col. 1 (2/17/99) (Civ. Ct. Kings; Birnbaum, J)

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