Six-Month Notice to Quit Required in Ejectment Case

April 1, 2006

LVT Number: 18740

Landlord sued to eject month-to-month tenant through a Supreme Court action, after sending tenant a 30-day termination notice. Tenant asked the court to dismiss the case. Tenant claimed that the termination notice was defective. The court ruled for tenant. There is no specific law governing notice requirements in ejectment actions. But common law required a six-month termination notice for month-to-month tenants. So landlord's 30-day notice was insufficient.

Landlord sued to eject month-to-month tenant through a Supreme Court action, after sending tenant a 30-day termination notice. Tenant asked the court to dismiss the case. Tenant claimed that the termination notice was defective. The court ruled for tenant. There is no specific law governing notice requirements in ejectment actions. But common law required a six-month termination notice for month-to-month tenants. So landlord's 30-day notice was insufficient.

Kosa v. Legg: NYLJ, 3/8/06, p. 19, col. 1 (Sup. Ct. Kings; Saitta, J)

Topics

More like this