Landlord Sent Lease Termination Notice Too Early

September 25, 2018

LVT Number: #28652

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court denied landlord's request to conduct pretrial questioning, finding that landlord didn't demonstrate ample need. Landlord's request didn't include a statement from anyone with personal knowledge explaining why it needed discovery; the request was made solely based on a statement of landlord's attorney. The court granted tenant's request to dismiss the case because landlord's lease nonrenewal notice to tenant was served 213 days before tenant's lease expired.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court denied landlord's request to conduct pretrial questioning, finding that landlord didn't demonstrate ample need. Landlord's request didn't include a statement from anyone with personal knowledge explaining why it needed discovery; the request was made solely based on a statement of landlord's attorney. The court granted tenant's request to dismiss the case because landlord's lease nonrenewal notice to tenant was served 213 days before tenant's lease expired. Under rent stabilization, landlord was required to send this notice between 90 and 150 days before lease expiration.

Ryer 26 LLC v. Acosta: Index No. 43478/17, NYLJ 8/9/18, p. 21, col. 2 (Civ. Ct. Bronx; 7/27/18; Hahn, J)

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