Eviction Proceeding Dismissed Because Lease Lacked Essential Terms

January 24, 2019

LVT Number: #29847

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord terminated the tenancy based on its nonprimary residence claim when tenant's renewal lease expired. But that renewal lease was unenforceable because it lacked essential terms, such as the dates that it was in effect and the amount of rent to be paid. The missing terms couldn't fairly and reasonably be fixed by the intent of landlord and tenant or surrounding circumstances.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord terminated the tenancy based on its nonprimary residence claim when tenant's renewal lease expired. But that renewal lease was unenforceable because it lacked essential terms, such as the dates that it was in effect and the amount of rent to be paid. The missing terms couldn't fairly and reasonably be fixed by the intent of landlord and tenant or surrounding circumstances. Since there was no valid lease in effect at the time landlord terminated the tenancy, there was no grounds for a nonprimary residence proceeding at that time.

553 W 144th LLC v. Severino: Index No. 570441/18, 2018 NY Slip Op 51945(U)(App. T. 1 Dept.; 12/31/18; Ling-Cohan, JP, Gonzalez, Cooper, JJ)

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