Notice to Quit Defective

March 2, 2011

LVT Number: #23206

Landlord sued to evict tenants after sending them a notice to quit the premises. Tenants claimed that the notice was defective. The court ruled for tenants and dismissed the case. The referee's deed attached to the notice to quit contained a photocopy of an attorney's signature for certification. Real Property Actions and Proceedings Law Section 713(5) required landlord to provide tenants with a certified copy of the deed along with its 10-day notice to quit. Civil Practice Laws and Rules Section 2105 required that the document contain an original signature.

Landlord sued to evict tenants after sending them a notice to quit the premises. Tenants claimed that the notice was defective. The court ruled for tenants and dismissed the case. The referee's deed attached to the notice to quit contained a photocopy of an attorney's signature for certification. Real Property Actions and Proceedings Law Section 713(5) required landlord to provide tenants with a certified copy of the deed along with its 10-day notice to quit. Civil Practice Laws and Rules Section 2105 required that the document contain an original signature. Landlord's notice therefore was defective, and the case was dismissed.

Retained Realty v. Ramdass: Index No. LT001263-10, NYLJ No. 1202480830011 (Dist. Ct. Nassau; 2/1/11; Fairgrieve, J)

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