Notice to Quit Defective

April 30, 1994

LVT Number: 8726

Landlord sued to evict occupant of apartment. Occupant claimed that landlord's notice to quit was defective. The court agreed, and ruled against landlord. The language of landlord's notice was conclusory, and didn't state specific facts concerning occupant's alleged illegal occupancy of the apartment. Landlord may not know all the facts.

Landlord sued to evict occupant of apartment. Occupant claimed that landlord's notice to quit was defective. The court agreed, and ruled against landlord. The language of landlord's notice was conclusory, and didn't state specific facts concerning occupant's alleged illegal occupancy of the apartment. Landlord may not know all the facts. But landlord's notice didn't state when prior tenant vacated; whether he'd surrendered possession by returning the keys; what relationship, if any, tenant had with occupant; whether occupant is or ever was a subtenant or roommate; or how landlord came to believe that occupant was an illegal licensee.

Getz v. Pagan: NYLJ, p. 25, col. 3 (4/13/94) (Civ. Ct. Kings; Reichbach, J)

Topics

More like this