Tenant Didn't Return Renewal Lease

March 1, 1994

LVT Number: 8579

Landlord sued to evict tenant for not renewing a rent-stabilized lease. The trial court gave tenant 10 days to renew the lease to avoid eviction. Landlord appealed, claiming that tenant shouldn't get a second chance to sign the lease. The appeals court ruled for landlord. But, the court pointed out that this was the second case in four months where tenants claimed that this landlord had never sent the renewal notice, even though landlord had certificates of mailing.

Landlord sued to evict tenant for not renewing a rent-stabilized lease. The trial court gave tenant 10 days to renew the lease to avoid eviction. Landlord appealed, claiming that tenant shouldn't get a second chance to sign the lease. The appeals court ruled for landlord. But, the court pointed out that this was the second case in four months where tenants claimed that this landlord had never sent the renewal notice, even though landlord had certificates of mailing. The court said it had no authority to rule on a possible issue there, because this matter wasn't raised in the appeals process.

Malik v. Uribe: NYLJ, p. 27, col. 4 (2/3/94) (App. T. 2 Dept.; Aronin, JP, Chetta, Patterson, JJ)

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