10-Day Notice to Cure Was Defective

July 31, 2003

LVT Number: 16740

Landlord sued to evict tenant for illegally subletting after sending tenant a 10-day notice to cure. Tenant claimed that landlord's cure notice was defective because it actually gave tenant fewer than 10 days to cure. The court ruled for landlord. Tenant appealed and won. Landlord's cure notice was defective because it was sent less than 10 days before the required cure date. So the tenancy wasn't properly terminated, and tenant's lease remains in effect.

Landlord sued to evict tenant for illegally subletting after sending tenant a 10-day notice to cure. Tenant claimed that landlord's cure notice was defective because it actually gave tenant fewer than 10 days to cure. The court ruled for landlord. Tenant appealed and won. Landlord's cure notice was defective because it was sent less than 10 days before the required cure date. So the tenancy wasn't properly terminated, and tenant's lease remains in effect.

2215-75 Cruger Apts., Inc. v. Stovel: NYLJ, 7/24/03, p. 18, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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