Termination Notice Required

April 1, 2001

LVT Number: 14867

Landlord sued to eject tenant in a Supreme Court action. Tenant asked the court to dismiss the case because landlord never sent him a termination notice. Landlord claimed that one wasn't needed. The court ruled against landlord. Tenant was a month-to-month tenant. This meant that tenant's term was indefinite and landlord must send tenant a 30-day termination notice before starting a case to evict tenant. An ejectment action without a termination notice is allowed only if tenant stayed in the apartment after the end of a definite term.

Landlord sued to eject tenant in a Supreme Court action. Tenant asked the court to dismiss the case because landlord never sent him a termination notice. Landlord claimed that one wasn't needed. The court ruled against landlord. Tenant was a month-to-month tenant. This meant that tenant's term was indefinite and landlord must send tenant a 30-day termination notice before starting a case to evict tenant. An ejectment action without a termination notice is allowed only if tenant stayed in the apartment after the end of a definite term.

Tedaldi v. Pratts: NYLJ, 3/7/01, p. 22, col. 6 (Sup. Ct. Kings; Held, J)

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