Landlord Can't Enforce Oral Lease

Landlord sued tenant for 11 months' rent after tenant moved out of apartment. Tenant was a month-to-month tenant. Landlord and tenant had an oral agreement that there would be no rent increase and tenant could remain month-to-month as long as tenant gave landlord 11 months' notice before moving out. Tenant moved out without giving this notice. Tenant asked the court to dismiss the case without a trial. The court refused, and tenant appealed and won. By definition, a month-to-month tenant can't be required to give notice of moving out beyond 30 days. Besides, the oral lease agreement was first entered on May 1, 1993. Tenant moved out in June 1994 and landlord sought rent through May 1995. By law, an oral agreement for a term longer than one year can't be enforced.

Griffith v. Belle: NYLJ, p. 25, col. 3 (10/17/95) (App. T. 1 Dept.; Parness, JP, Miller, J)