Tenant Refused to Sign Proper Renewal Offer

LVT Number: 8808

(Decision submitted by Philip A. Rosen of the Queens law firm of Horing & Welikson, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenants for not renewing their lease. Tenants claimed the renewal lease offered was defective, because it was offered too early. The renewal lease was offered in September 1992, which was 120-150 days before tenants' current lease expired. But tenants claimed they didn't sign their current lease until April 7, 1992. So, they argued that the renewal lease should start at a later date. The court ruled for landlord.

(Decision submitted by Philip A. Rosen of the Queens law firm of Horing & Welikson, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenants for not renewing their lease. Tenants claimed the renewal lease offered was defective, because it was offered too early. The renewal lease was offered in September 1992, which was 120-150 days before tenants' current lease expired. But tenants claimed they didn't sign their current lease until April 7, 1992. So, they argued that the renewal lease should start at a later date. The court ruled for landlord. Tenants' current lease wasn't signed until April 1992 because tenants themselves had delayed signing it. That lease properly began in February 1991. The renewal offer wasn't defective. Tenants can be evicted because they didn't sign the renewal offer.

Malik v. Perez: L&T Index No. 94559/93 (5/3/94) (Civ. Ct. Queens; Spires, J) [4-page document]

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