Renewal Lease Offered to Month-to-Month Tenant Vitiated Termination Notice

November 26, 2023

LVT Number: #32964

Landlord sued to evict month-to-month tenant after serving a 90-day termination notice. Tenant asked the court to dismiss the case because landlord offered him a renewal lease following service of the nine-day notice. Tenant claimed that this vitiated the termination notice. Landlord claimed the renewal lease shouldn't matter because it was never signed. The court ruled for tenant and agreed that service of the renewal lease following the termination notice vitiated the termination.

Landlord sued to evict month-to-month tenant after serving a 90-day termination notice. Tenant asked the court to dismiss the case because landlord offered him a renewal lease following service of the nine-day notice. Tenant claimed that this vitiated the termination notice. Landlord claimed the renewal lease shouldn't matter because it was never signed. The court ruled for tenant and agreed that service of the renewal lease following the termination notice vitiated the termination. The court also found that landlord should have served HPD with a copy of the court papers since HPD administered tenant's Section 8 voucher. This was another reason to dismiss the case.

Wang v. Yelverton: Index No. LT-054358-20/KI, 2023 NY Slip Op 23299, NYLJ No. 1696551517 (Civ. Ct. Kings; 10/2/23; Basu, J)

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