In our continuing series “Eviction Case of the Week,” each week we will discuss an interesting Landlord-Tenant case in which we were involved as counsel or observed while appearing in the Courts.
CASE OF THE WEEK
We observed a case at the Nassau County District Court in which a Petitioner/Landlord was seeking to recover the property from the Respondent/Tenant who resided in the premises for over 5 years via a holdover proceeding following the alleged expiration of a “predicate notice.” The proceeding also sought unpaid rents and use & occupancy in excess of $12,000.00.
Prior to the commencement of the case a “30-Day” notice was issued by the Petitioner/Landlord’s attorney notifying the Respondent/Tenant that they had to vacate the Premises by a certain date.
Right away I noticed a number of “red flags.”. First, given that this Respondent/Tenant resided at the Premises for more than two (2) years, the Tenant was actually entitled to a 90-Day Notice, not 30 days. Further, the predicate notice was signed by the attorney for the Petitioner/Landlord and not the Landlord him/herself. Notices of default and/or of termination signed not by the owner or an attorney named in a lease but by another party are insufficient.
Nevertheless, after a spirited discussion between the parties outside of the courtroom, the parties reached an agreement in which if the Respondent/Tenant agreed to vacate and surrender the Premises by November 30, 2022, the Petitioner/Landlord would waive all of its claims for rents and/or use and occupancy.
An interesting side note…. it was later noted that the Petitioner/Landlord and Respondent/Tenant were actually siblings.
The Law Office of Bradley D. Schnur, Esq., P.C. represents residential and commercial landlords and tenants in eviction proceedings on a daily basis throughout Metropolitan New York (including Nassau, Suffolk, Westchester, Queens). Should you be in need of assistance in connection with a landlord or tenant issue, please contact us at 516-932-4400 or 914-363-6250.