Termination Notice Needed to Proceed Against Tenant

Landlord sued to evict tenant of an illegal basement apartment in a two-family house. Tenant asked the court to dismiss the case because landlord hadn't delivered a termination notice before starting the eviction proceeding. Landlord argued that no prior notice was needed because the apartment was illegal. The court ruled against landlord. Tenant had no lease but paid rent month-to-month. It didn't matter that the apartment was illegal. Landlord had to send a termination notice before going to court to evict tenant.

Grinberger v. Neuwirth: NYLJ, 9/5/07, p. 28, col. 1 (Civ. Ct. Kings; Kraus, J)