Acceptance of Lease Renewal Offer by Tenant Waived Prior Lease Nonrenewal Notice

June 20, 2019

LVT Number: #30157

Landlord sued to evict rent-stabilized tenant in order to recover apartment for owner occupancy. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord had offered tenant a renewal lease in March 2018, and tenant accepted the offer in a timely manner. This created an enforceable lease agreement, even though landlord had previously sent tenant a nonrenewal notice in February 2016. The fact that landlord may not have intended the proposed lease to constitute a binding offer is immaterial because the law requires that the offer be binding.

Landlord sued to evict rent-stabilized tenant in order to recover apartment for owner occupancy. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord had offered tenant a renewal lease in March 2018, and tenant accepted the offer in a timely manner. This created an enforceable lease agreement, even though landlord had previously sent tenant a nonrenewal notice in February 2016. The fact that landlord may not have intended the proposed lease to constitute a binding offer is immaterial because the law requires that the offer be binding. Landlord's failure to deliver an executed rent-stabilized lease form also didn't deprive tenant of his right to renew.

Isaly-Liceaga v. Pickarski: 63 Misc.3d 154(A), 2019 NY Slip Op 50802(U) (App. T. 1 Dept.; 5/23/19; Shulman, PJ, Gonzalez, Edmead, JJ)

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