Termination Notice Required to Evict Month-to-Month Tenant

April 30, 2000

LVT Number: 14071

Landlord sued to evict tenant. Tenant claimed that the petition should be dismissed because landlord didn't send a termination notice. The court ruled against tenant. Tenant appealed and won. Landlord claimed that the apartment was rented to tenant just for a fixed monthly term. But there was no proof of this. Since landlord collected rent from tenant on a monthly basis, there is a presumption that there is a month-to-month tenancy. So landlord should have sent a 30-day termination notice.

Landlord sued to evict tenant. Tenant claimed that the petition should be dismissed because landlord didn't send a termination notice. The court ruled against tenant. Tenant appealed and won. Landlord claimed that the apartment was rented to tenant just for a fixed monthly term. But there was no proof of this. Since landlord collected rent from tenant on a monthly basis, there is a presumption that there is a month-to-month tenancy. So landlord should have sent a 30-day termination notice.

Gerolemou v. Soliz: NYLJ, 4/26/00, p. 30, col. 2 (App. T.2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)

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