Notice to Quit Defective

January 1, 1993

LVT Number: 6626

Landlord, the proprietary lessee of an apartment, sued to evict occupant after tenant died of AIDS. Occupant claimed to be tenant's gay life partner. The trial court dismissed landlord's petition because landlord's notice to quit was defective. Landlord's 10-day notice to quit stated that occupant was a licensee of tenant, the license had expired with tenant's death, and a proceeding would be started against occupant if he failed to move out.

Landlord, the proprietary lessee of an apartment, sued to evict occupant after tenant died of AIDS. Occupant claimed to be tenant's gay life partner. The trial court dismissed landlord's petition because landlord's notice to quit was defective. Landlord's 10-day notice to quit stated that occupant was a licensee of tenant, the license had expired with tenant's death, and a proceeding would be started against occupant if he failed to move out. But, the notice didn't inform occupant that he must vacate the apartment by a certain date or landlord would start a summary proceeding against him.

[Katz v. Grifa: NYLJ, p. 31, col. 4 (12/22/92) (Civ. Ct. NY; Kapnick, J)].

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