Termination Notice Contained Enough Facts
LVT Number: 8595
Landlord sued to evict tenant, to recover tenant's apartment for owner occupancy. Tenant claimed that landlord's notice of termination was defective. The trial court agreed, and ruled against landlord. The court found that landlord's termination notice didn't state enough facts. Landlord's notice to tenant stated that tenant's lease wouldn't be renewed because landlord and her husband planned to move to the apartment ``as our retirement home.'' To recover the apartment, landlords had to prove they intended to use it as their primary residence. The court found that the notice was defective because it wasn't clear whether the retirement home was to be landlords' primary residence. Landlord appealed. The appeals court ruled for landlord. The court found that ``primary residence'' was a legal term. Landlord didn't have to use this word in the termination notice, especially when a retirement home could be a primary residence. This had to be proved. The court sent the case back for trial.
Teichman v. Ciapi: NYLJ, p. 21, col. 2 (2/9/94) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)