Case Type
Holdover-Lease Expiration
Housing Type
Condominium
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-318850-24/NY
Slip Opinion Number
2025 NY Slip Op 50721(U)
Petitioner
685 1st Ave LLC
Respondent
Qiyuan Cai; "John Doe"; "Jane Doe"
Judge
Meyers, Adam R.
Decision/Order Date
2025-05-05
Posture
Post-judgment Motion by Landlord
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this lease expiration holdover, the landlord sought possession after the tenant failed to execute a renewal lease offered via an online platform. The landlord claimed exemption from RPL § 226-c’s notice requirement, arguing its earlier lease offer (below a 5% increase) precluded the need for further notice. The court disagreed, finding that once the landlord decided not to renew the lease, it was obligated to serve a written nonrenewal notice. The court also held that electronic lease offers did not satisfy statutory notice requirements because they violated the lease's specific notice provision requiring service by mail. Additionally, the lease offer lacked language indicating intent to pursue eviction, thus failing the legal standard of clarity for nonrenewal. The court dismissed the proceeding. Practice Note: Even where a lease offer is made, landlords must serve proper RPL § 226-c notice if they ultimately choose not to renew and must follow contractual notice provisions.
Recommended Citation
"685 1st Ave LLC v. Cai" (2025). All Decisions. 1783.
https://ir.lawnet.fordham.edu/housing_court_all/1783
