Case Type
Holdover-Lease Expiration
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 309029-22
Petitioner
DESLANDE RICHER
Respondent
AUNDRE MIGNOTT, JOHN DOE, JANE DOE
Judge
Bryan, David J.
Decision/Order Date
2023-10-27
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding, the tenant moved for dismissal of the petition, arguing that the landlord failed to properly terminate the tenancy. The dispute centered around the interpretation of RPL 232-a, with the tenant contending that the termination notice must coincide with the expiration of the lease term. The court agreed with the tenant, emphasizing that in the absence of a defined term contract, a month-to-month tenancy is typically understood to follow a calendar month cycle. Despite the landlord's argument based on the amended RPL 232-a, the court concluded that the most reasonable interpretation, based on the parties' behavior and practice, is that the term follows a calendar month. As a result, the tenant's motion was granted, and the petition was dismissed.
Recommended Citation
"RICHER v. MIGNOTT et al." (2023). All Decisions. 1359.
https://ir.lawnet.fordham.edu/housing_court_all/1359
