30-Day Termination Notice Required

April 1, 2006

LVT Number: 18801

After sending a 10-day termination notice to an apartment occupant, landlord sued to evict occupant. Landlord claimed that occupant was a licensee, not a tenant. Occupant claimed he was a tenant. Occupant presented a letter from landlord in which landlord sought payment of rent from occupant. Occupant asked the court to dismiss the case. The court ruled for occupant. Landlord had created a month-to-month tenancy by seeking rent payment from occupant. So landlord must send a 30-day termination notice to tenant, not a 10-day notice.

After sending a 10-day termination notice to an apartment occupant, landlord sued to evict occupant. Landlord claimed that occupant was a licensee, not a tenant. Occupant claimed he was a tenant. Occupant presented a letter from landlord in which landlord sought payment of rent from occupant. Occupant asked the court to dismiss the case. The court ruled for occupant. Landlord had created a month-to-month tenancy by seeking rent payment from occupant. So landlord must send a 30-day termination notice to tenant, not a 10-day notice.

Gagnier v. Alexis: NYLJ, 3/29/06, p. 21, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)

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