Tenant Elected Not to Renew

May 31, 2004

LVT Number: 17338

Landlord sued to evict rent-stabilized tenant after tenant elected not to renew his lease. Tenant asked the court to dismiss the case because landlord didn't send a termination notice. The court ruled for tenant. Landlord appealed and won. In response to landlord's lease renewal offer, tenant stated that he elected not to renew and that he would vacate on the lease expiration date. Landlord properly started the eviction case after the lease expiration date.

Landlord sued to evict rent-stabilized tenant after tenant elected not to renew his lease. Tenant asked the court to dismiss the case because landlord didn't send a termination notice. The court ruled for tenant. Landlord appealed and won. In response to landlord's lease renewal offer, tenant stated that he elected not to renew and that he would vacate on the lease expiration date. Landlord properly started the eviction case after the lease expiration date. If tenant had not responded to the lease renewal notice, landlord would have been required under the Rent Stabilization Code to send tenant a 15-day termination notice. But since tenant stated he wasn't renewing, no termination notice was required.

68 Assocs. LLC v. Jensen: NYLJ, 5/28/04, p. 25, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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