Termination Notice Defective

LVT Number: 8353

Landlord sued to evict apartment occupant. Landlord's 10-day termination notice stated that occupant was a ``licensee and/or squatter.'' The court found landlord's termination notice defective and dismissed the case. Landlord is allowed to claim that occupant is either a squatter or a licensee. But, in this case, landlord didn't separate these claims, as required by law. Landlord's notice also contained no facts to support its claim.

Landlord sued to evict apartment occupant. Landlord's 10-day termination notice stated that occupant was a ``licensee and/or squatter.'' The court found landlord's termination notice defective and dismissed the case. Landlord is allowed to claim that occupant is either a squatter or a licensee. But, in this case, landlord didn't separate these claims, as required by law. Landlord's notice also contained no facts to support its claim. Landlord didn't state the name of the former tenant, that the former tenant had moved out, that occupant was an individual unknown to landlord and was in possession without landlord's consent, and that no rent was collected from occupant. Landlord merely quoted the law governing licensee/squatter proceedings.

Langdale Owners Corporation v. Lane: NYLJ, p. 24, col. 6 (11/3/93) (Civ. Ct. Queens; Spires, J)