Lease Requires Six Months' Notice to Tenant

July 31, 1995

LVT Number: 9891

Landlord sued to evict tenant in order to take over apartment for his own use. The court ruled against landlord because landlord didn't send the termination notice to tenant on time. Landlord appealed, pointing out that the Rent Stabilization Code requires that notice be served between 150 and 120 days before tenant's lease expired. But tenant's lease stated that tenant must be given six months' notice. The code set forth the minimum notice required. Since tenant's lease provided for additional notice, landlord had to give tenant this extra notice.

Landlord sued to evict tenant in order to take over apartment for his own use. The court ruled against landlord because landlord didn't send the termination notice to tenant on time. Landlord appealed, pointing out that the Rent Stabilization Code requires that notice be served between 150 and 120 days before tenant's lease expired. But tenant's lease stated that tenant must be given six months' notice. The code set forth the minimum notice required. Since tenant's lease provided for additional notice, landlord had to give tenant this extra notice.

Minick v. Park: NYLJ p. 27, col. 2 (7/24/95) (App. Div. 1 Dept.; Rosenberger, JP, Wallach, Kupferman, Asch, Tom, JJ)

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