Landlord Didn't Properly Terminate Month-to-Month Tenancy

Month-to-month tenant paid landlord weekly rent of $175. Tenant signed a confession of judgment awarding landlord unpaid rent of $6,100. Landlord signed an agreement that he wouldn’t file the judgment if tenant paid $175 per week going forward and moved out by June 29, 2010. And if tenant didn’t pay weekly rent, landlord would give tenant a signed notice of default and file the judgment. In May 2010, landlord sued to evict tenant and collect the back rent owed. Tenant asked the court to dismiss the case, claiming that landlord improperly treated the confession of judgment as a termination notice. The court ruled for tenant. Landlord didn’t send a proper termination notice required under Real Property Law Section 232-b. The confession of judgment didn’t contain a full statement of facts, didn’t state when payments were due and at what amounts, and didn’t provide 30-days’ notice.

Santanastasio v. Denoto: SP002949/10, NYLJ 1202464396901 (Dist. Ct. Nassau; Fairgrieve, J; 7/29/10)