Additional Five Days Not Required for Mailing of 14-Day Rent Demand

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn't allow for an additional five days with a 14-day rent demand before commencing the eviction proceeding. The court ruled against tenant. In the case of ATM One, LLC v. Landaverde (2004), New York's highest court ruled that, if a notice to cure is mailed to a tenant, the date of mailing has to be at least 15 days prior to the cure date stated in the notice because it would otherwise be unfair to shorten the cure period due to landlord's choice to mail the notice. The court acknowledged that, to date, there was no NY appellate case law on the question of whether the Landaverde rule applied to rent demands. But, as the court pointed out, the five-day mailing rule didn't apply to "Golub" notices or termination notices, which have no cure provision, or to 90-150 day nonrenewal notices, as decided by an appeals court. In addition, RPAPL Section 735, governing rent demands and other notices, is silent regarding the manner of service concerning a notice to cure but specifies how a rent demand must be served. 

Nostrand III Equities LLC v. Smith: Index No. LT-325002-23, 2025 NY Slip Op 25018 (Civ. Ct. Kings; 1/23/25; Basu, J)