Notice to Quit Wasn't Defective

February 1, 1996

LVT Number: 10339

Landlord sued to evict occupant, claiming he was a licensee. Occupant claimed he was a remaining family member who had pass-on rights to the apartment. He had moved into the apartment shortly before tenants moved out. Occupant claimed that landlord's 10-day notice to quit was defective because it didn't state enough facts. The court ruled for landlord. Real Property Law section 713(7) doesn't require a statement of reasons in a notice to quit.

Landlord sued to evict occupant, claiming he was a licensee. Occupant claimed he was a remaining family member who had pass-on rights to the apartment. He had moved into the apartment shortly before tenants moved out. Occupant claimed that landlord's 10-day notice to quit was defective because it didn't state enough facts. The court ruled for landlord. Real Property Law section 713(7) doesn't require a statement of reasons in a notice to quit. In addition, occupant knew why landlord sought to evict him, because there had already been a hearing before NYCHA on the issue of occupant's claimed pass-on rights.

NYC Housing Authority v. Schwartz: NYLJ, p. 33, col. 3 (1/10/96) (Civ. Ct. Kings; Hoahng, J)

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