No Lease in Effect When Nonrenewal Notice Sent

Landlord sued to evict rent-stabilized tenant for nonprimary residence after landlord sent tenant a lease nonrenewal notice stating that tenant's current lease expired on Nov. 30, 2008. The court dismissed the case after a trial, finding that the nonrenewal notice was premature. The last written renewal lease signed by landlord and tenant expired on Nov. 30, 2007. Landlord claimed that he then deemed the lease renewed for one year, which ended on Nov. 30, 2008, after tenant failed to sign a timely renewal lease offer sent in July 2007. Tenant claimed that he signed and returned the renewal offer in 2007 and chose a two-year renewal term, not one year. The court believed landlord's testimony that tenant hadn't returned a signed renewal in 2007. But, while landlord then was permitted to deem a renewal lease, it was improper to deem the renewal for one year, because tenant's original lease and all prior renewals had been for two-year terms. Landlord appealed and lost, although the appeals court based its decision on a different reason. The appeals court found that Rent Stabilization Code Section 2523.5(c)(2) concerning deemed leases was invalid to the extent that it conflicted with Real Property Law Section 232-c. Landlord can't deem the prior lease renewed solely because tenant remained in possession after the prior lease expired.

Weiss v. Straw: 36 Misc.3d 139(A), 2012 NY Slip Op 51452(U) (App. T. 2 Dept.; 7/25/12; Pesce, PJ, Rios, Aliotta, JJ)