Termination Notice Wasn't Defective

April 30, 2006

LVT Number: 18867

Landlord sued to evict month-to-month tenant after sending tenant a 30-day termination notice. Tenant asked the court to dismiss the case. She claimed that the termination notice was defective. Tenant said that her monthly tenancy ran from the sixth day of the month to the fifth day of the following month. Since landlord's termination notice stated that the monthly tenancy ended on the 31st day of the month, it was improper. The court ruled against tenant. Landlord prorated tenant's rent for the first month she occupied the apartment, charging her for the period of Oct. 6 through Oct. 31.

Landlord sued to evict month-to-month tenant after sending tenant a 30-day termination notice. Tenant asked the court to dismiss the case. She claimed that the termination notice was defective. Tenant said that her monthly tenancy ran from the sixth day of the month to the fifth day of the following month. Since landlord's termination notice stated that the monthly tenancy ended on the 31st day of the month, it was improper. The court ruled against tenant. Landlord prorated tenant's rent for the first month she occupied the apartment, charging her for the period of Oct. 6 through Oct. 31. So the notice tenant received on Nov. 22, 2005, which terminated her tenancy as of Dec. 31, 2005, was proper.

Gibraltar Mgmt. Group, Inc. v. Locicero: NYLJ, 4/26/06, p. 21, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)

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