Tenant Didn't Renew Lease on Time

April 1, 1993

LVT Number: 6835

(Decision submitted by Leonard Kaplain of the Queens law firm of Horing & Welikson, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant who didn't renew her lease. Tenant claimed that she never got the renewal lease offer. The trial court ruled for landlord, but delayed any eviction for 10 days to give tenant the chance to correct the problem by signing the renewal lease. Landlord appealed, claiming that tenant shouldn't get a chance to belatedly sign and return the renewal lease. The appeals court agreed with landlord. Tenant didn't default on a lease provision.

(Decision submitted by Leonard Kaplain of the Queens law firm of Horing & Welikson, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant who didn't renew her lease. Tenant claimed that she never got the renewal lease offer. The trial court ruled for landlord, but delayed any eviction for 10 days to give tenant the chance to correct the problem by signing the renewal lease. Landlord appealed, claiming that tenant shouldn't get a chance to belatedly sign and return the renewal lease. The appeals court agreed with landlord. Tenant didn't default on a lease provision. Instead tenant violated the rent stabilization law by failing to timely renew her lease. Landlord could evict her for this reason.

134-38 Maple Realty Corp. v. Nelson: NYLJ, p. 33, col. 1 (3/12/93) (App. T. 2 Dept.; Kassoff, PJ, Joy, Scholnick, JJ)

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