Nonrenewal Notice Not Served on Both Tenants

April 1, 1994

LVT Number: 8684

Landlord sued to evict two rent-stabilized tenants to recover their apartment for his own occupancy. Only one tenant was served with a copy of the nonrenewal notice, although both were named tenants on the lease. Tenants claimed that landlord's petition was, therefore, defective. The court ruled for tenants and dismissed landlord's petition. Landlord's service of the nonrenewal notice on one tenant didn't adequately notify the other tenant of landlord's intent to terminate his tenancy as well. Even in a case of two married tenants, other courts have ruled that notice to both was necessary.

Landlord sued to evict two rent-stabilized tenants to recover their apartment for his own occupancy. Only one tenant was served with a copy of the nonrenewal notice, although both were named tenants on the lease. Tenants claimed that landlord's petition was, therefore, defective. The court ruled for tenants and dismissed landlord's petition. Landlord's service of the nonrenewal notice on one tenant didn't adequately notify the other tenant of landlord's intent to terminate his tenancy as well. Even in a case of two married tenants, other courts have ruled that notice to both was necessary. And, since the notice isn't a pleading, landlord can't amend or serve the termination notice on the second tenant now.

Dulac v. Hochwald: NYLJ, p. 23, col. 3 (3/23/94) (Civ. Ct. NY; Wendt, J)

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