Tenant Didn't Return Signed Renewal Lease on Time
LVT Number: 8641
Landlord sued to evict Westchester tenant for not renewing his rent-stabilized lease. The trial court ruled for landlord, and tenant appealed. Tenant claimed he didn't refuse to renew the lease; he simply hadn't claimed the certified mail from the post office. Landlord had sent the renewal notice to tenant by certified mail three times. Tenant also claimed that not signing a lease renewal on time was a curable defect and that landlord should have served a notice to cure. The appeals court ruled against tenant. The ETPA requires landlord to send the lease renewal offer by certified mail. So, landlord's offer was legal and proper. Landlord sent the renewal lease offer after tenant's lease had expired, but properly gave tenant 90 days to renew. And landlord wasn't required to give tenant the chance to cure. This would improperly extend tenant's time in which to accept the renewal lease beyond the period allowed for acceptance.
Young v. Ruderman: NYLJ, p. 24, col. 5 (2/1/94) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)