Termination Notice Didn't Give Enough Facts

April 1, 1997

LVT Number: 11364

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed that landlord's 30-day termination notice didn't give enough facts. The notices stated simply that landlord was terminating the tenancy because tenant didn't occupy the apartment as his primary residence, that upon information and belief tenant no longer lived in the apartment, and that the building staff hadn't seen tenant in two years. The court ruled for tenant and dismissed the case. Landlord's termination notice only stated conclusions.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed that landlord's 30-day termination notice didn't give enough facts. The notices stated simply that landlord was terminating the tenancy because tenant didn't occupy the apartment as his primary residence, that upon information and belief tenant no longer lived in the apartment, and that the building staff hadn't seen tenant in two years. The court ruled for tenant and dismissed the case. Landlord's termination notice only stated conclusions. It didn't state any facts, such as that someone else was living in tenant's apartment or that tenant lived somewhere else.

Goldman v. Zaccaro: NYLJ, p. 27, col. 1 (3/12/97) (Civ. Ct. NY; Shafer, J)

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