Nonrenewal Notice Not Sent on Time

June 30, 1998

LVT Number: 12447

Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. Tenant claimed that landlord's notice of lease nonrenewal was untimely. The court ruled for tenant and dismissed the case. Tenant's last renewal lease expired on June 30, 1997. Landlord sent tenant a nonrenewal notice dated Oct. 14, 1997, that claimed to terminate the tenancy effective Feb. 28, 1998. The Rent Stabilization Code required landlord to send the nonrenewal notice between 150 and 120 days before tenant's renewal lease expired.

Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. Tenant claimed that landlord's notice of lease nonrenewal was untimely. The court ruled for tenant and dismissed the case. Tenant's last renewal lease expired on June 30, 1997. Landlord sent tenant a nonrenewal notice dated Oct. 14, 1997, that claimed to terminate the tenancy effective Feb. 28, 1998. The Rent Stabilization Code required landlord to send the nonrenewal notice between 150 and 120 days before tenant's renewal lease expired. In this case landlord didn't send the termination notice until over four months after the lease expired, and over eight months after the end of the statutory window period.

Kyriakos v. Markopoulos: NYLJ, p. 29, col. 2 (6/3/98) (Civ. Ct. Queens; Cavallo, J)

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