Landlord Can't Withdraw Renewal Lease Offer

Landlord sued to evict tenants, a married couple, for nonprimary residence. The court granted landlord's request to conduct pretrial questioning. But landlord never scheduled the pretrial questioning, and tenants eventually asked the court to dismiss the case, claiming that landlord had abandoned its claim. At that point, landlord's attorney sent tenants a renewal lease offer. Tenants' attorney sent the signed renewal lease back to landlord's attorney with a letter stating that tenants exercised their right to change the start date of the renewal lease to 90 days after it was actually offered. Landlord's attorney didn't respond to the letter. A few weeks later, one of the tenants died. Landlord then claimed that it wanted the apartment back and that the renewal lease was invalid because one tenant had died and because tenants had changed the start date on the lease document. The court ruled for tenants. Landlord couldn't withdraw the renewal lease offer. Tenants had accepted it in a timely manner, and had changed the start date in accordance with Rent Stabilization Code Section 2523.5(c)(1)(ii).

171 West 57th Street Operating LLC v. McGrath: NYLJ, 9/12/07, p. 26, col.3 (Civ. Ct. NY; McClanahan, J)