Landlord Didn't Send 90-Day Termination Notice Before Lease Expiration

March 26, 2024

LVT Number: #33127

Landlord sued to evict unregulated tenant when tenant's lease expired. Tenant had lived in the apartment for more than three years before landlord commenced the court proceeding. Tenant asked the court to dismiss the case because a proper termination notice wasn't attached to landlord's court papers. The court ruled for tenant. Landlord sent emails to tenant two days before terminating the tenancy, advising tenant that he either had to accept a new renewal lease offer or vacate. Under RPL Section 226-c(2), landlord was required to give tenant 90-days' notice of termination.

Landlord sued to evict unregulated tenant when tenant's lease expired. Tenant had lived in the apartment for more than three years before landlord commenced the court proceeding. Tenant asked the court to dismiss the case because a proper termination notice wasn't attached to landlord's court papers. The court ruled for tenant. Landlord sent emails to tenant two days before terminating the tenancy, advising tenant that he either had to accept a new renewal lease offer or vacate. Under RPL Section 226-c(2), landlord was required to give tenant 90-days' notice of termination. But landlord failed to do so before commencing the eviction proceeding. So the case had to be dismissed.

SH 333 LLC v. South: Index No. L&T 315517/22, 2024 NY Misc. LEXIX 787 (Civ. Ct. NY; 2/19/24; Rubel, J)

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