Tenant Didn't Get Termination Notice Sent by Certified Mail

November 1, 2002

LVT Number: 16227

Landlord sued to evict tenant. Tenant claimed that landlord didn't properly send her a termination notice before sending the court petition. Tenant asked the court to dismiss the case. The court ruled against tenant. There was a question of fact as to whether tenant received the termination notice by regular mail. Landlord claimed that it sent the 30-day termination notice to tenant by both regular mail and certified mail. The certified mailing was returned to landlord as ''unclaimed,'' but tenant hadn't proved that she didn't receive the regular mail.

Landlord sued to evict tenant. Tenant claimed that landlord didn't properly send her a termination notice before sending the court petition. Tenant asked the court to dismiss the case. The court ruled against tenant. There was a question of fact as to whether tenant received the termination notice by regular mail. Landlord claimed that it sent the 30-day termination notice to tenant by both regular mail and certified mail. The certified mailing was returned to landlord as ''unclaimed,'' but tenant hadn't proved that she didn't receive the regular mail.

Zagari v. Gleason: NYLJ, 10/16/02, p. 25, col. 3 (Dist. Ct. Nassau; Kluewer, J)

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