Nonrenewal Notice Sent One Day Too Early

January 1, 2011

LVT Number: #23114

Landlord sued to evict rent-stabilized tenant after sending a lease nonrenewal notice. Tenant claimed that the notice was defective. The court agreed and dismissed the case. Landlord personally delivered the nonrenewal notice to tenant 151 days before tenant's lease expired. But the Rent Stabilization Code requires that tenant receive a nonrenewal notice "at least 90 but not more than 150 days" before the lease term expires. Since landlord delivered the notice outside the window period stated in the regulation, the court must dismiss the case.

Landlord sued to evict rent-stabilized tenant after sending a lease nonrenewal notice. Tenant claimed that the notice was defective. The court agreed and dismissed the case. Landlord personally delivered the nonrenewal notice to tenant 151 days before tenant's lease expired. But the Rent Stabilization Code requires that tenant receive a nonrenewal notice "at least 90 but not more than 150 days" before the lease term expires. Since landlord delivered the notice outside the window period stated in the regulation, the court must dismiss the case.

Mendis v. Batholomew: Index No. 82460, NYLJ No. 1202476675049 (Civ. Ct. Kings; 12/14/10; Ofshtein, J)

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