Landlord's Notice Gave Occupant Enough Information About Termination Date

May 31, 2007

LVT Number: 19657

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant asked the court to dismiss the case. He claimed that landlord's notice to quit was defective because it didn't tell occupant when landlord would start eviction proceedings or when occupant's license to be in the apartment terminated. The court ruled against occupant. There was no requirement in RPAPL Section 713 to state this information. In addition, the notice stated that occupant was required to move out by a specific date, which was more than 10 days after the notice was sent.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant asked the court to dismiss the case. He claimed that landlord's notice to quit was defective because it didn't tell occupant when landlord would start eviction proceedings or when occupant's license to be in the apartment terminated. The court ruled against occupant. There was no requirement in RPAPL Section 713 to state this information. In addition, the notice stated that occupant was required to move out by a specific date, which was more than 10 days after the notice was sent. And the notice stated that occupant's license to remain in the apartment was revoked since tenant had died.

1274 51 Realty LLC v. Gross: NYLJ, 5/16/07, p. 19, col. 3 (Civ. Ct. Kings; Sweeney, J)

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