Landlord Didn't Send Termination Notice Before Starting Eviction Case

Tenant moved into an apartment on March 1, 2013, before signing an unregulated one-year lease. Tenant paid landlord one month's rent and one month's security deposit. When landlord showed up a few days later and discovered that tenant had moved his wife, children, and mother-in-law into the apartment, landlord asked tenant to move out because he hadn't agreed to this number of occupants. Landlord and tenant signed a surrender agreement by which tenant agreed to move out by March 25. When tenant failed to do so, landlord sued to evict tenant as a licensee. Landlord didn't send tenant any termination notice, but attached a copy of the surrender agreement to the court papers. Tenant asked the court to dismiss the case. He claimed that the apartment was rent stabilized and that landlord hadn't sent tenant a proper termination notice. The court ruled for tenant and dismissed the case. The court didn't rule on whether tenant was rent stabilized. But, at minimum, landlord should have sent tenant a 10-day termination notice before starting the eviction proceeding.

Gomez v. Mateo: Index No. 61731/13, NYLJ No. 1202627375709 (Civ. Ct. Queens; 11/14/13; Katz, J)