Landlord Sent Nonrenewal Notice on Time

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that the nonrenewal notice was untimely. Landlord sent the notice between 120 and 150 days before tenant's renewal lease expired on Feb. 28, 1993. Tenant's first lease ran from March 1, 1989, through Feb. 28, 1991. Landlord's renewal offer was late, and tenant agreed to a retroactive renewal lease starting March 1, 1991, instead of May 12, 1991, which he could have insisted on. Tenant now claimed that since the renewal should have started later, the nonrenewal notice was too early. In other words, the renewal notice was sent more than 150 days before May 12, 1993. The court ruled for landlord. Tenant didn't go to the DHCR to make landlord give him his last renewal lease. Tenant merely got his renewal offer late and accepted it. Under the Rent Stabilization Code, tenant had the option of a retroactive or later date for the start of his last renewal lease. Having chosen the retroactive date, tenant can't insist on a later date more than a year later simply to defeat the eviction action.

Mohr v. Sheinman: NYLJ, p. 22, col. 6 (8/18/93) (Civ. Ct. NY; Malatzky, J)