Tenant in Co-op Building Can Cure Failure to Renew Lease

December 7, 2014

LVT Number: #25837

Landlord, the proprietary lessee and shareholder of a cooperative apartment, sued to evict tenant for refusing to sign an offered renewal lease. The court granted tenant's request to dismiss the case. Landlord appealed and won, in part. Tenant was a non-purchasing tenant protected by the Martin Act. But tenant's failure or refusal to renew her lease was grounds for eviction under the Martin Act because it was a breach of tenant's obligations to the apartment shareholder. A trial was needed to determine if tenant was offered a proper renewal lease.

Landlord, the proprietary lessee and shareholder of a cooperative apartment, sued to evict tenant for refusing to sign an offered renewal lease. The court granted tenant's request to dismiss the case. Landlord appealed and won, in part. Tenant was a non-purchasing tenant protected by the Martin Act. But tenant's failure or refusal to renew her lease was grounds for eviction under the Martin Act because it was a breach of tenant's obligations to the apartment shareholder. A trial was needed to determine if tenant was offered a proper renewal lease. If so, tenant would still be entitled to a 10-day post-judgment cure period to sign the renewal lease.

MMB Apartments LLC v. Guerra: 2014 NY Slip Op. 51662(U), 2014 WL 6676388 (App. T. 2 Dept.; 11/6/14; Pesce, PJ, Aliotta, Elliot, JJ)

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