Notice to Terminate Didn't Include Specific Date

(Decision submitted by William J. Gribben of the Manhattan law firm of Himmel-stein, McConnell & Gribben, attorneys for the tenants.) Landlord sued to evict tenants. Tenants claimed the termination notice was defective because it didn't state the exact date when they had to leave the apartment. The notice stated that tenants must move out ''within thirty (30) days after the date of service of this Notice upon you.'' Landlord claimed the notice was clear enough. The court ruled for tenants, and dismissed landlord's petition. A termination notice must state the date tenants are served, and specify the move-out date. Tenants aren't required to figure out the termination date by determining when service is complete. Landlord can't expect the court to look to other documents, such as affidavits of service, to determine this date because tenants must be advised by the notice itself in order for it to be enforceable.

6384 Saunders Owners Corp. v. Karlin et al.: L&T Index No. 51264/94 (3/23/94) (Civ. Ct. Queens; George, J) [3-page document]