Eviction Proceeding Dismissed for Defective Notice to Quit

Landlord bank took title to a two-family house in foreclosure action, and then sued to evict occupants after delivering a 10-day notice to quit. The notice stated that occupants failed to move out after a judgment of foreclosure ordered them to do so and that, as a result, they were illegal "holdover tenants." One of the occupants, who was the prior building owner, claimed that the 10-day notice to quit was defective and asked the court to dismiss the case. Occupant claimed that she wasn't a party to the foreclosure action and that the foreclosure judgment didn't order anyone to move out of the building. She also said she was never a "tenant," as claimed in the notice, because she never had a landlord-tenant relationship with the bank. The court ruled for occupant and dismissed the case. Real Property and Proceedings Law (RPAPL) Section 713(5) authorizes service of a 10-day notice to quit after a building has been sold in foreclosure. Although the RPAPL doesn't specify any requirements for the content of the notice, the 10-day notice must be factually accurate. Since the foreclosure judgment didn't order anyone to vacate and occupant wasn't a party to the foreclosure action, the notice was inaccurate and the case must be dismissed.

U.S. Bank NA v. Kuldip: NYLJ, 4/6/09, p. 20, col. 3 (Civ. Ct. Queens; Pinckney, J)