Landlord's Termination Notice Didn't Properly Track Tenancy Term

December 20, 2023

LVT Number: #33012

Landlord sued to evict tenant after issuing a 90-day termination notice. The termination notice stated that the tenancy ended on the 15th day of the month. But the month-to-month tenancy term ran from the first to the last day of each month. Tenant asked the court to dismiss the case based on an improper termination date. Landlord argued that HSTPA had amended the law to allow it to pick the termination date of its choosing. The court agreed with tenant and dismissed the case. Under RPL Section 232-a, a termination notice still had to track the expiration of the monthly term.

Landlord sued to evict tenant after issuing a 90-day termination notice. The termination notice stated that the tenancy ended on the 15th day of the month. But the month-to-month tenancy term ran from the first to the last day of each month. Tenant asked the court to dismiss the case based on an improper termination date. Landlord argued that HSTPA had amended the law to allow it to pick the termination date of its choosing. The court agreed with tenant and dismissed the case. Under RPL Section 232-a, a termination notice still had to track the expiration of the monthly term. The court stated that it didn't interpret the statute to mean that landlord could randomly choose the term merely because the arrangement lacked a written lease.

Richer v. Mignott: Index No. LYT309029-2022, NYLJ No. 1698820666 (Civ. Ct. Queens; 10/27/23; Bryan, J)

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