Termination Notice Not Signed by Landlord

August 31, 1997

LVT Number: 11792

Landlord net lessee sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord's termination notice was defective because the net lessee wasn't landlord. The court ruled for tenant and dismissed the case. First, the termination notice was signed ``Virginia City LLC (Owner and Landlord),'' but the deed stated that landlord was 240 E. 75th LLC. Second, the net lease didn't contain an assignment of leases and rents, so the net lessee couldn't sue in the capacity of landlord.

Landlord net lessee sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord's termination notice was defective because the net lessee wasn't landlord. The court ruled for tenant and dismissed the case. First, the termination notice was signed ``Virginia City LLC (Owner and Landlord),'' but the deed stated that landlord was 240 E. 75th LLC. Second, the net lease didn't contain an assignment of leases and rents, so the net lessee couldn't sue in the capacity of landlord. And, even if the rents and leases had been properly assigned to the net lessee, neither the termination notice nor its attachments disclosed the authority granted to the net lessee.

Virginia City LLC v. Dickinson: NYLJ, p. 22, col. 4 (8/13/97) (Civ. Ct. NY; Ling-Cohan, J)

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