Termination Notice Defective

August 31, 2004

LVT Number: 17587

Landlord sued to evict month-to-month tenant. Tenant claimed that landlord's termination notice was defective. The court ruled for landlord. Tenant appealed and won. Under RPL Section 232-c, outside New York City a month-to-month tenancy is established after a lease term ends, and it starts on the first day after the end of the lease term. Thirty-day notice is required for termination of the tenancy. Tenant's lease expired on Sept. 24, 2002, and landlord continued to accept rent from tenant on a month-to-month basis. Landlord's 30-day termination notice was sent on Dec.

Landlord sued to evict month-to-month tenant. Tenant claimed that landlord's termination notice was defective. The court ruled for landlord. Tenant appealed and won. Under RPL Section 232-c, outside New York City a month-to-month tenancy is established after a lease term ends, and it starts on the first day after the end of the lease term. Thirty-day notice is required for termination of the tenancy. Tenant's lease expired on Sept. 24, 2002, and landlord continued to accept rent from tenant on a month-to-month basis. Landlord's 30-day termination notice was sent on Dec. 28, 2002, and effective Jan. 31, 2003. But the month-to-month tenancy ran from the 25th of the month to the 24th of the month. So landlord's termination notice was defective.

Avalonbay Communities, Inc. v. Betts: NYLJ, 8/12/04, p. 30, col. 2 (App. T. 2 Dept.; McCabe, PJ, Rduolph, Angiolillo, JJ)

Topics

More like this