Lease Nonrenewal Notice Improper Because Term of Lease Wasn't Clear
LVT Number: #28111
Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court dismissed the case. Landlord was required to send tenant a notice of intent not to renew tenant's lease between 90 and 150 days before tenant's most recent lease or renewal lease expired. Landlord claimed that tenant's last two-year renewal lease became effective in 2013. But, although tenant signed that renewal lease, he didn't choose a one- or two-year lease term on the renewal form. Landlord wasn't permitted to deem a two-year renewal lease. There could be no lease in effect without tenant's intent being clear on the document as to the length of the lease term or the amount of rent being agreed to. Therefore, there was no lease in effect when landlord sent the termination notice, and the case must be dismissed.
533 W. 144th LLC v. Severino: Index No. 51735/16, NYLJ No. 1510959921 (Civ. Ct. NY; 11/8/17; Schneider, J)