Termination Notice Defective

April 1, 1993

LVT Number: 6858

Landlord sued to evict squatter, claiming he broke into tenant's apartment after tenant died. Landlord's termination notice stated these facts, but described the squatter as a ``licensee.'' It was contradictory to call a squatter a licensee because a licensee implies that a tenant, or someone living in the apartment, had allowed the squatter to live there. This wasn't the case. The court granted squatter's request to dismiss the case based on the defective termination notice.

Landlord sued to evict squatter, claiming he broke into tenant's apartment after tenant died. Landlord's termination notice stated these facts, but described the squatter as a ``licensee.'' It was contradictory to call a squatter a licensee because a licensee implies that a tenant, or someone living in the apartment, had allowed the squatter to live there. This wasn't the case. The court granted squatter's request to dismiss the case based on the defective termination notice.

Georgiou v. Antoniello: NYLJ, p. 30, col. 2 (3/29/93) (Civ. Ct. Kings; Dowling, J)

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