Tenants Didn't Sign and Return Renewal Lease

February 1, 1994

LVT Number: 8502

Landlord sued to evict rent-stabilized tenants when they wouldn't sign a renewal lease. The trial court ruled for landlord, but gave tenants ten days to sign the lease. Tenants refused, and asked the court to delay the eviction. Tenants also asked the court to vacate the judgment, claiming improper service of both landlord's petition and the 72-hour eviction notice. The court ruled against tenants, and tenants appealed. The appeals court ruled against tenants. Tenants couldn't claim improper service of landlord's petition now because they'd never raised the issue during their trial.

Landlord sued to evict rent-stabilized tenants when they wouldn't sign a renewal lease. The trial court ruled for landlord, but gave tenants ten days to sign the lease. Tenants refused, and asked the court to delay the eviction. Tenants also asked the court to vacate the judgment, claiming improper service of both landlord's petition and the 72-hour eviction notice. The court ruled against tenants, and tenants appealed. The appeals court ruled against tenants. Tenants couldn't claim improper service of landlord's petition now because they'd never raised the issue during their trial. And if the 72-hour notice was improper, this gave them a claim for damages only. It didn't affect the validity of the judgment. Tenants had breached their lease by not signing their renewal lease.

Crown Park Realty Co. v. Reape: NYLJ, p. 28, col. 6 (1/7/94) (App. T. 2 Dept.; Kassoff, JP, Chetta, Patterson, JJ)

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