Termination Notice Defective Based on Tenant's Lease Terms

December 14, 2020

LVT Number: #31126

Landlord sued to evict tenant and other apartment occupants, claiming that tenant was month-to-month, after sending a 30-day termination notice. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was defective. The court ruled for tenant. Landlord had given tenant a rent-stabilized lease, and the lease stated that tenant couldn't be evicted without good cause. Even if, as landlord claimed, tenant wasn't subject to rent stabilization, tenant's lease still prevented landlord from seeking tenant's eviction simply on 30-day notice.

Landlord sued to evict tenant and other apartment occupants, claiming that tenant was month-to-month, after sending a 30-day termination notice. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was defective. The court ruled for tenant. Landlord had given tenant a rent-stabilized lease, and the lease stated that tenant couldn't be evicted without good cause. Even if, as landlord claimed, tenant wasn't subject to rent stabilization, tenant's lease still prevented landlord from seeking tenant's eviction simply on 30-day notice. Landlord could seek eviction only for good cause, and landlord didn't claim any cause in its termination notice.

Stratford HDFC v. Bartell: Index No. 2114/20, NYLJ No. 1604353863 (Civ. Ct. Bronx; 10/6/20; Hahn, J)

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