Landlord Didn't Serve Termination Notice Before Seeking Eviction of Tenant
LVT Number: #29915
Landlord sued to evict rent-stabilized tenant for failing to renew his lease. Tenant asked the court to dismiss the case, claiming that the renewal rent offered was more than the legal regulated rent. The court agreed with landlord that tenant's rent was legal and ruled for landlord. Tenant appealed and won on other grounds. Tenant had also claimed that his tenancy wasn't properly terminated. The appeals court agreed. A landlord seeking to terminate a rent-stabilized tenancy must serve a tenancy termination notice. In this case, landlord sent tenant a default notice, which gave tenant time to cure the default of not signing the renewal lease, but didn't follow up with a termination notice. So, the eviction case must be dismissed for this reason.
1646 Union, LLC v. Simpson: 62 Misc.3d 142(A), 2019 NY Slip Op 50089(U) (App. T. 2 Dept.; 1/18/19; Pesce, PJ, Elliot, Siegal, JJ)