Cure Notice Required for Conduct Cited in Termination Notice

Landlord sued to evict rent-stabilized tenant for nuisance, claiming that tenant interfered with the comfort and safety of other tenants in the building by stuffing papers in the lobby door lock, smoking cigarettes and marijuana with guests in the building hallways, and playing basketball in the hallways. Tenant asked the court to dismiss the case, arguing that landlord didn't send him a notice to cure before terminating his tenancy. The court ruled for tenant. Tenant pointed out that his lease stated that landlord must send a 10-day cure notice if landlord claimed improper conduct by tenant that annoyed other tenants. But another lease provision stated that, in the case of nuisance, landlord only had to send a termination notice. The court found that the "nuisance" landlord complained of was indistinguishable from "improper conduct by tenant annoying other tenants" and that landlord therefore was required by the lease to send a notice to cure before sending a termination notice. In addition, landlord's notice cited only three occasions of objectionable conduct. Nuisance conduct must be recurring, frequent, chronic, continuous, or extremely dangerous.

78 5th, LLC v. Suriel: Index No. 092220/12, NYLJ No. 1202597513887 (Civ. Ct. Kings; 4/29/13; Finkelstein, J)