Lease Required Written Notice of Default

April 1, 1999

LVT Number: 13134

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Tenant had submitted a copy of her lease with prior landlord. This lease required landlord to give tenant a five-day written notice of any default in rent. Since tenant was rent-stabilized, the terms of her prior lease still applied after the foreclosure sale at which landlord took title to the building. Since landlord didn't give tenant the required notice before starting the court case, the case was dismissed.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. Tenant had submitted a copy of her lease with prior landlord. This lease required landlord to give tenant a five-day written notice of any default in rent. Since tenant was rent-stabilized, the terms of her prior lease still applied after the foreclosure sale at which landlord took title to the building. Since landlord didn't give tenant the required notice before starting the court case, the case was dismissed.

Oziel v. Tineo: NYLJ, p. 33, col. 2 (3/2/99) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Chetta, JJ)

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