Landlord Can Seek Eviction of Month-to-Month Tenant

July 31, 2004

LVT Number: 17471

Landlord, who owned a cooperative apartment, sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant claimed that he was no longer a month-to-month tenant because landlord and tenant had signed a contract for sale of the apartment to tenant. The court ruled for landlord. Tenant appealed and lost. Landlord never delivered a signed copy of the contract of sale to tenant. And after tenant signed the contract, the sale was never finalized, and tenant continued to pay rent for 17 months.

Landlord, who owned a cooperative apartment, sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant claimed that he was no longer a month-to-month tenant because landlord and tenant had signed a contract for sale of the apartment to tenant. The court ruled for landlord. Tenant appealed and lost. Landlord never delivered a signed copy of the contract of sale to tenant. And after tenant signed the contract, the sale was never finalized, and tenant continued to pay rent for 17 months. This showed that it was the intent of landlord and tenant to continue the month-to-month landlord-tenant relationship.

Walker v. Espinal: NYLJ, 7/22/04, p. 24, col. 3 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)

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