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MAYCO, LLC. v. BORELAND

This motion poses the following question: is there such a thing as too much of a good thing? Or, to put it more directly, can too much notice amount to improper or inadequate notice? In this landlord-tenant nonpayment summary proceeding, the petitioner/landlord Mayco LLC ("Petitioner" or "Landlord".....

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This motion poses the following question: is there such a thing as too much of a good thing? Or, to put it more directly, can too much notice amount to improper or inadequate notice? In this landlord-tenant nonpayment summary proceeding, the petitioner/landlord Mayco LLC (“Petitioner” or “Landlord”) sought to terminate its participation in the Section 8 program with respect to respondent/tenant Leonie Boreland’s (“Respondent” or “Tenant”) apartment unit, and thereby require her to pay the full amount of monthly rental without the benefit of a Section 8 subsidy. To that end, Landlord served Tenant and the Section 8 administrator with written notice that it would be terminating its participation in the Section 8 program at the conclusion of Tenant’s lease term. It is undisputed that such notice was sent to Tenant approximately 174 days before the end date of her lease, and that it was received by her.

It is also undisputed that several months after such notice of Section 8 termination was sent, Landlord mailed to Tenant a notice of lease renewal; such notice was silent as to whether the renewal lease would be subject to Section 8. Shortly thereafter, Tenant advised her Landlord that she would not be renewing her lease, and would be vacating the apartment by May 1, 2003, only to later change her mind and return to Landlord her signed notice to renew, dated May 22, 2003. Under her new lease that commenced on June 1, 2003 by prior mutual agreement, tenant continued in residence and continued to pay only a portion of her rent – the portion which, under her previous lease, was not subsidized by Section 8. Maintaining that it had effectively terminated its participation in Section 8 with respect to the renewed lease. Landlord brought this non-payment proceeding asserting that Tenant was now responsible for the full rental amount.

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