Tenant Moved to Florida Before Lease Nonrenewal Notice Sent

November 19, 2015

LVT Number: #26598

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court dismissed the case after a trial. Landlord appealed, and the case was reopened. Landlord showed that tenant permanently vacated the apartment in March 2009 and relocated to Florida, prior to service of landlord’s lease notice nonrenewal notice in July 2009. The case was sent back for a new trial, which should also address the succession claim of the apartment occupant.

 

 

 

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court dismissed the case after a trial. Landlord appealed, and the case was reopened. Landlord showed that tenant permanently vacated the apartment in March 2009 and relocated to Florida, prior to service of landlord’s lease notice nonrenewal notice in July 2009. The case was sent back for a new trial, which should also address the succession claim of the apartment occupant.

 

 

 
145 East 16th Street LLC v. Spencer: 49 Misc.3d 128(A), 2015 NY Slip Op 51392(U) (App. T. 1 Dept.; 10/1/15; Shulman, JP, Hunter Jr., Ling-Cohan, JJ)

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