Landlord's Termination Notice Was Defective

Landlord, the owner of a condominium unit, sued to evict tenant because he had decided to sell the unit. Tenant claimed that landlord's predicate notice was defective and asked the court to dismiss the case. The court ruled for tenant. Tenant's lease provided that landlord could terminate the tenancy on 30 days' notice in the event he elected to sell the unit. But landlord's termination notice incorrectly stated that tenant didn't have a lease and was a month-to-month tenant, with no reference to the lease provision or other indication that the lease termination was based on landlord's decision to sell the unit. The termination notice therefore was insufficient.

Ochakovsky v. Amin: 61 Misc.3d 147(A), 2018 NY Slip Op 51711(U)(App. T. 1 Dept.; 11/29/18; Shulman, PJ, Ling-Cohan, Gonzalez, JJ)