Tenant Gets Chance to Sign Renewal Offer

September 30, 1994

LVT Number: 9124

Facts: Landlord sued to evict rent-stabilized tenant for not renewing his lease. Landlord claimed he'd sent tenant several renewals, and that tenant didn't sign any of them. Tenant argued that he'd lived in the apartment for 27 years and hadn't gotten the renewal offer. Court: Landlord proved that tenant did get the renewal lease offer. But tenant should get a chance to sign and return the renewal lease to landlord before being evicted. Landlord won't be prejudiced by allowing tenant 10 days to sign a renewal lease, as long as it's retroactive to the end of his last lease.

Facts: Landlord sued to evict rent-stabilized tenant for not renewing his lease. Landlord claimed he'd sent tenant several renewals, and that tenant didn't sign any of them. Tenant argued that he'd lived in the apartment for 27 years and hadn't gotten the renewal offer. Court: Landlord proved that tenant did get the renewal lease offer. But tenant should get a chance to sign and return the renewal lease to landlord before being evicted. Landlord won't be prejudiced by allowing tenant 10 days to sign a renewal lease, as long as it's retroactive to the end of his last lease.

Malik v. Hernandez: NYLJ, p. 28, col. 6 (9/2/94) (Civil Ct. Queens; Huber, J)

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