Landlord Didn't Send Nonrenewal Notice

February 1, 2001

LVT Number: 14726

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord, and tenant appealed. Tenant argued that landlord was barred from suing tenant because it never sent tenant a notice of nonrenewal of tenant's lease. Landlord claimed that it couldn't send tenant a nonrenewal notice because tenant had gotten a delay in bankruptcy court. The appeals court ruled against landlord.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled for landlord, and tenant appealed. Tenant argued that landlord was barred from suing tenant because it never sent tenant a notice of nonrenewal of tenant's lease. Landlord claimed that it couldn't send tenant a nonrenewal notice because tenant had gotten a delay in bankruptcy court. The appeals court ruled against landlord. A court case for nonprimary residence can't be started unless landlord has sent tenant a nonrenewal notice during the 150- to 120-day window period before tenant's current lease ends.

Village Mgmt. v. Giddio: NYLJ, 1/19/01, p. 26, col. 5 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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