Landlord Can't Rescind Offer

Landlord sued to evict rent-stabilized tenant to recover his apartment for owner occupancy. Tenant asked the court to dismiss the case. He showed that prior landlord had timely offered him a renewal lease. Tenant then had 60 days to accept the renewal lease offer. During that 60-day period, prior landlord sold the building to landlord. Landlord was a principal of prior landlord's entity. Landlord then sent tenant a nonrenewal notice containing a clause rescinding the renewal lease offer. Tenant claimed that landlord couldn't do this. The court agreed and ruled for tenant. Prior landlord's renewal lease offer was binding, even if it was sent unintentionally. Also, by sending the nonrenewal notice, landlord was in effect improperly shortening the 60 days by which tenant had to respond to the prior renewal offer. Landlord couldn't revoke the offer within the 60-day period.

Kokot v. Barton: NYLJ, 3/22/06, p. 19, col. 1 (Civ. Ct. NY; Cohen, J)