Termination Notice Not Needed for Ejectment Case

September 30, 2005

LVT Number: 18362

Landlord sued to eject tenants of an illegal basement apartment. Tenants asked the court to dismiss the case. They said landlord didn't send them a termination notice. The court ruled against tenants. The apartment was illegal and there was no valid landlord-tenant relationship. Landlord's consent to the illegal occupancy wasn't a defense. Since this wasn't a nonpayment case and there was no demand for rent, no termination notice was needed.

Landlord sued to eject tenants of an illegal basement apartment. Tenants asked the court to dismiss the case. They said landlord didn't send them a termination notice. The court ruled against tenants. The apartment was illegal and there was no valid landlord-tenant relationship. Landlord's consent to the illegal occupancy wasn't a defense. Since this wasn't a nonpayment case and there was no demand for rent, no termination notice was needed.

Oluokun v. Rodriguez: NYLJ, 9/15/05, p. 20, col. 1 (Civ. Ct. Richmond; Straniere, J)

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