Tenant Changes Her Mind About Lease Renewal

Landlord sued to evict elderly rent-stabilized tenant after her last renewal lease expired. Tenant had advised landlord that she didn't wish to renew her lease. Later, before the lease expiration date, tenant told landlord that she had changed her mind and wished to renew. Landlord refused to do so. The court ruled for tenant and directed landlord to send tenant another renewal lease form, which would be deemed effective as of the original renewal date. Tenant had lived in the apartment for 28 years, and it would be unfair to hold tenant to the strict notice requirements contained in the lease since it would result in the loss of her tenancy. Landlord wouldn't be prejudiced by this since it hadn't yet re-rented tenant's apartment. If tenant failed to sign the renewal form directed by the court, landlord could seek immediate possession.

Jamsol Realty LLC v. German: 34 Misc.3d 1205(A), 2012 NY Slip Op 50005(U) (Civ. Ct. Kings; 1/3/12; Saxe, J)