Nonrenewal Notice Gave Enough Facts

April 1, 1996

LVT Number: 10485

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord's notice of nonrenewal of lease didn't contain enough facts and asked the court to dismiss the case. The court ruled against tenant on this issue, and tenant appealed. The appeals court again ruled against tenant. Landlord's notice stated that tenant hadn't been in physical occupancy of the apartment for more than two years, that tenant had let at least 12 ''roommates'' live in the apartment during that two-year period, and that certified mail sent to tenant at the apartment had been returned undelivered.

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord's notice of nonrenewal of lease didn't contain enough facts and asked the court to dismiss the case. The court ruled against tenant on this issue, and tenant appealed. The appeals court again ruled against tenant. Landlord's notice stated that tenant hadn't been in physical occupancy of the apartment for more than two years, that tenant had let at least 12 ''roommates'' live in the apartment during that two-year period, and that certified mail sent to tenant at the apartment had been returned undelivered. Even though landlord didn't state another specific address where tenant supposedly lived, there were enough other facts stated in landlord's notice.

Price v. Chelsmore Apts.: NYLJ, p. 25, col. 2 (3/8/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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