Tenant Gave 30-Day Notice

June 30, 1994

LVT Number: 8936

Landlord sued to evict Nassau County tenant for nonpayment of rent. After tenant's lease expired, landlord accepted rent from tenant, creating a month-to-month tenancy. Tenant moved out, and landlord claimed that tenant didn't give landlord a 30-day notice before moving. The trial court found that tenant had given landlord the 30 days' required move-out notice. Landlord appealed, and the appeals court ruled for tenant. Once a trial court has determined the facts of a case, the appeals court won't disturb that finding without cause.

Landlord sued to evict Nassau County tenant for nonpayment of rent. After tenant's lease expired, landlord accepted rent from tenant, creating a month-to-month tenancy. Tenant moved out, and landlord claimed that tenant didn't give landlord a 30-day notice before moving. The trial court found that tenant had given landlord the 30 days' required move-out notice. Landlord appealed, and the appeals court ruled for tenant. Once a trial court has determined the facts of a case, the appeals court won't disturb that finding without cause.

Whitfield v. Ransom: NYLJ, p. 32, col. 3 (6/22/94) (App. T. 2 Dept.; Collins, JP, Ingrassia, Luciano, JJ)

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