Landlord Can't Revoke Renewal Offer

March 1, 1994

LVT Number: 8602

Landlord sent rent-stabilized tenant a timely renewal lease offer sometime during the 150 to 120 day period before tenant's lease expired. On the same day that tenant mailed back the signed renewal lease, landlord served tenant with a notice of nonrenewal, claiming nonprimary residence. Landlord subsequently returned tenant's check for additional security, and signed renewal. Landlord sued to evict tenant when tenant's lease expired. Tenant claimed landlord's termination notice was invalid. The court ruled against landlord.

Landlord sent rent-stabilized tenant a timely renewal lease offer sometime during the 150 to 120 day period before tenant's lease expired. On the same day that tenant mailed back the signed renewal lease, landlord served tenant with a notice of nonrenewal, claiming nonprimary residence. Landlord subsequently returned tenant's check for additional security, and signed renewal. Landlord sued to evict tenant when tenant's lease expired. Tenant claimed landlord's termination notice was invalid. The court ruled against landlord. Once tenant had signed and delivered the renewal lease, landlord was obligated to finalize it. Landlord didn't show fraud or any other reason for rescinding the lease agreement.

Herman v. Meryn: NYLJ, p. 22, col. 5 (2/9/94) (Civ. Ct. NY; Ryp, J)

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