Landlord's Notice to Quit to Squatter Didn't State Enough Facts

September 22, 2015

LVT Number: #26488

Landlord sued to evict apartment occupant, claiming that he was a squatter. The court dismissed the case because landlord’s notice to quit was insufficient. The notice stated only that “Landlord elects to terminate your occupancy/possession of the above described premises in fifteen days.” The notice didn’t state any reason for landlord’s demand that occupant move out. The notice was defective because it gave occupant no information upon which to frame a defense. Landlord could start the case over if it served a proper predicate notice.

 

Landlord sued to evict apartment occupant, claiming that he was a squatter. The court dismissed the case because landlord’s notice to quit was insufficient. The notice stated only that “Landlord elects to terminate your occupancy/possession of the above described premises in fifteen days.” The notice didn’t state any reason for landlord’s demand that occupant move out. The notice was defective because it gave occupant no information upon which to frame a defense. Landlord could start the case over if it served a proper predicate notice.

 

 

 
New York Shun On Realty Development Inc. v. Mathieu: Index No. 64826/2015, NYLJ No. 1202735692399 (Civ. Ct. NY; 8/17/15; Stoller, J)

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