Landlord Sued for Nonpayment After Sending Termination Notice

(Decision submitted by Matthew J. Nolfo of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict tenants for nonprimary residence. Landlord had sent a termination notice on Dec. 31, 1996, notifying tenants that landlord didn't intend to renew the lease that expired on April 30, 1997. Landlord then began a nonpayment case against tenants on April 14, 1997. The case appeared on the court calendar on May 14, 1997, and was later adjourned to May 21, 1997. Landlord sent a nonprimary residence petition on May 8, 1997, and appeared in court on May 21, 1997. On that date, landlord withdrew the nonpayment case with tenants' consent. Tenants later asked the court to dismiss the nonprimary residence case because landlord had begun the nonpayment case after sending the termination notice. The court ruled against tenants. The termination notice was sent between 150 and 120 days before the lease expired. Landlord was entitled during that period to sue for nonpayment of rent owed for the lease period. This wasn't inconsistent with the intent not to renew the lease.

Glenbriar Co. v. Nesbitt: NYLJ, p. 31, col. 1 (10/29/97) (Civ. Ct. Bronx; Heymann, J)