Showing 61–80 of 231 results
...While the original RPL § 231-c Notice cites nonrenewal of the lease because of the tenant's alleged violation of a substantial obligation of the tenancy as good cause for eviction, it does not indicate any details of the alleged...
ANALYSIS In a state-assisted Mitchell-Lama cooperative, a landlord may only commence a breach of lease holdover after serving a termination notice reciting an authorized ground for eviction and stating the facts supporting the claim (see 9 NYCRR §§ 1727...
...Petitioner failed to serve a proper predicate termination notice that conforms to the requirements of RPL §§ 232-a, 226-c and 231-c, a condition precedent to maintaining this holdover eviction proceeding under RPAPL § 711(1), and is not permitted...
...In November of 2003, the District Attorney provided the petitioner with a notice demanding petitioner to commence a proceeding to evict the respondent. On or about November 1, 2004 the petitioner sent a notice of lease termination to the respondent...
...notice, to vacate (emphasis added). The Petition pleads that the subject premises is exempt from the Rent Stabilization Law by virtue of its construction after January 1, 1974, and that the unit is exempt from the Good Cause Eviction Law...
A petition in a summary eviction proceeding must "[s]tate the facts upon which the special proceeding is based" (RPAPL § 741 [4]). Following the promulgation of GCEL, a petition must also annex a notice in the form established by RPL...
...By the terms of the three-day notice, failure to pay the demanded amount or vacate the premises will result in a court proceeding and possibly eviction. It is likely that at least some tenants will pay whatever "additional” amount...
Petitioner gave sufficient notice to respondent that, as of December 31, 2015, it was terminating what was, by that point, a month-to-month tenancy (see Real Property Law §§ 232-b, 232-c). Respondent failed to remove his belongings and...
...Petitioner simultaneously commenced two identical summary nonpayment proceedings, and respondent interposed defenses and counterclaims for retaliatory eviction and breach of the warranty of habitability. One petition was dismissed based on a defective predicate notice, and the second petition was dismissed...
...The fact that it was served on NYCHA outside the limitations period for service on the tenant is irrelevant, since nothing in the applicable federal regulations requires anything other than an "eviction notice" to be served on NYCHA (see 24...
contract, constructive eviction, piercing the corporate veil, and declaratory judgment causes of action as against them, granted the part of defendants Ira Lifshutz and 115 East 37th Realty LLC’s (Realty) (together, the Realty defendants) motion seeking to dismiss the...
Generally, the law does not require service of a notice of termination before commencement of an illegal use eviction proceeding based on RPAPL 711 (5) or 715 (1). (Jackson Terrace Assocs. v Howard, NYLJ, Apr. 7, 1993, at 26, col...
...who risks eviction be entitled to attend the meeting at which that vote takes place. That is where the shareholder-tenant will have a chance to plead and defend. Petitioner’s name and the name on the notice were similar...
The motion court should have found as a matter of law that defendants committed an unlawful eviction that breached the parties' agreement to allow plaintiffs to remain in the building for six months post-closing (Okeke v Ewool, 106 AD3d...
...Pursuant to the court’s decision of the same day, issuance of the warrant of eviction was stayed for 10 days for tenant “to cure the breach by commencing a proceeding to remove the occupants” of the cooperative apartment. Landlord...
...maintain an eviction proceeding against a holdover tenant or a tenant who defaults on rent; Real Property Law § 228 establishes a landlord's substantive right to terminate a tenancy at will or by sufferance on 30 days' notice; and Real...
...tenancy was terminated effective November 30, 2024 by a 90-day notice; and the apartment is exempt from the provisions of the New York State Good Cause Eviction Law [GCEL], Real Property Law [RPL] Article 6A and RPL § 231-c...
...Respondent was served with the new petition, accompanied by a three-day notice to quit the premises. At a hearing on March 14, 2006, Justice Court (Baldwin, J.) granted the petition and issued a warrant of eviction, but reserved judgment...
The statutory protections against retaliatory eviction are set forth in section 223-b of the Real Property Law, which applies to “all rental residential premises except owner-occupied dwellings with less than four units.” (Real Property Law § 223-b [6...
The rationale in the ruling of the Kentucky Fried Chicken case (supra) is that the tenant who is given a short period of time to act or face eviction is entitled to know with certainty that the notice is actually...