Landlord Waited Too Long After Sending Termination Notice to Bring Case

December 1, 2002

LVT Number: 16259

Landlord sent rent-stabilized tenant a termination notice in October 2000, stating that tenant's lease wouldn't be renewed after it expired on Feb. 28, 2001, because landlord intended to recover tenant's apartment for owner occupancy. In April 2002, landlord started an eviction case based on that termination notice. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord waited 14 months after tenant's lease expired to start the case. This was too long and made the termination notice void.

Landlord sent rent-stabilized tenant a termination notice in October 2000, stating that tenant's lease wouldn't be renewed after it expired on Feb. 28, 2001, because landlord intended to recover tenant's apartment for owner occupancy. In April 2002, landlord started an eviction case based on that termination notice. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord waited 14 months after tenant's lease expired to start the case. This was too long and made the termination notice void.

Saquisili v. Aljunide: NYLJ, 11/27/02, p. 21, col. 1 (Civ. Ct. Kings; Alterman, J)

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