Landlord's 90-Day Termination Notice Wasn't Sent on Time
LVT Number: #33430
Landlord sued to evict tenant from a rented house after sending a 90-day lease nonrenewal notice. Landlord sought $10,000 in unpaid rent in her court petition. Tenant asked the court to dismiss the case because the nonrenewal notice didn't give 90-days' notice and because landlord's court petition failed to state the regulatory status of the premises.
The court ruled for tenant. Landlord's nonrenewal notice wasn't sent at least 90 days in advance of the lease expiration date and therefore was untimely. Compliance with the statutory notice requirement was necessary for the notice to be valid. And landlord failed to state in her court papers that tenant had received a Section 8 rent subsidy.
Braswell v. Nimons: Index No. 24060365, 2024 NY Slip Op 33196(U), NYLJ No. 1726628201 (Town Ct. Westchester Co.)