Eviction Proceeding Based on Lease Violation Can't Be Based on Expired Lease

August 29, 2023

LVT Number: #32745

Landlord sued to evict tenant for violating his lease based on complaints from other residents about tenant's behavior. Tenant failed to appear in court, and the court then held an inquest. The court ruled against landlord and dismissed the case because the claimed lease violation was based on an expired lease. There was no lease in effect at the time landlord started the eviction proceeding. Landlord could bring a new holdover proceeding based on the fact that no lease currently existed between the parties. But the predicate notice in this case couldn't be amended.

Landlord sued to evict tenant for violating his lease based on complaints from other residents about tenant's behavior. Tenant failed to appear in court, and the court then held an inquest. The court ruled against landlord and dismissed the case because the claimed lease violation was based on an expired lease. There was no lease in effect at the time landlord started the eviction proceeding. Landlord could bring a new holdover proceeding based on the fact that no lease currently existed between the parties. But the predicate notice in this case couldn't be amended.

Broadway Crescent Realty Inc. v. Lais: Index No. 304140/23, 2023 NY Slip Op 50709(U), 79 Misc 3d 1223(A), NYLJ No. 1689256595 (Civ. Ct. Queens; 7/25/23; Sanchez, J)

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