Tenant Refused to Sign Prior Renewal Lease Offered by Landlord

May 31, 2002

LVT Number: 15859

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord's nonrenewal notice was invalid because she had no lease in effect at the time it was sent. The court ruled against tenant. Tenant appealed and lost. When tenant's prior renewal lease expired in April 1999, she refused to sign the next renewal lease because landlord had included her married name on the renewal lease form. But tenant paid rent at the two-year renewal rate for the next two years. So tenant accepted the renewal lease, despite the fact that she didn't sign it.

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord's nonrenewal notice was invalid because she had no lease in effect at the time it was sent. The court ruled against tenant. Tenant appealed and lost. When tenant's prior renewal lease expired in April 1999, she refused to sign the next renewal lease because landlord had included her married name on the renewal lease form. But tenant paid rent at the two-year renewal rate for the next two years. So tenant accepted the renewal lease, despite the fact that she didn't sign it. Landlord's nonrenewal notice was valid.

251 W. 18th St. LLC v. Del Riostellita: NYLJ, 5/1/02, p. 20, col. 1 (App. T.1 Dept.; Davis, JP, Gangel-Jacob, Suarez, JJ)

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