10-Day Notice to Quit OK

September 30, 1995

LVT Number: 9099

Landlord sent subtenant a 10-day notice to quit after his one-year sublease ended and tenant had given up the apartment. Subtenant argued that landlord should have sent him a 30-day notice under Real Property Law Section 228. The trial court ruled for subtenant, and landlord appealed. Landlord wins. Landlord sent the termination notice as soon as he learned that tenant had given up the apartment and the sublease ran out. Subtenant wasn't entitled to a 30-day notice---he was merely an occupant.

Landlord sent subtenant a 10-day notice to quit after his one-year sublease ended and tenant had given up the apartment. Subtenant argued that landlord should have sent him a 30-day notice under Real Property Law Section 228. The trial court ruled for subtenant, and landlord appealed. Landlord wins. Landlord sent the termination notice as soon as he learned that tenant had given up the apartment and the sublease ran out. Subtenant wasn't entitled to a 30-day notice---he was merely an occupant.

Greer v. Christopher: NYLJ, p. 25, col. 2 (8/5/94) (App. T. 1 Dept.; Ostrau, JP, Miller, Glen, JJ)

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