Cure Notice Requiring Repairs Outside Apartment Defective

September 30, 2007

LVT Number: #19902

Landlord sued to evict tenant for lease violations. Landlord had sent tenant a notice to cure. Landlord claimed that tenant caused damage by placing a weight in excess of 60 pounds per square foot on his apartment floor. Landlord also ordered tenant to cure by repairing structural damage outside his apartment and paying $45,000. Tenant asked the court to dismiss the case. The court ruled for tenant, finding that the notice to cure was defective. There is no clause in tenant's lease requiring tenant to repair structural damage outside his apartment.

Landlord sued to evict tenant for lease violations. Landlord had sent tenant a notice to cure. Landlord claimed that tenant caused damage by placing a weight in excess of 60 pounds per square foot on his apartment floor. Landlord also ordered tenant to cure by repairing structural damage outside his apartment and paying $45,000. Tenant asked the court to dismiss the case. The court ruled for tenant, finding that the notice to cure was defective. There is no clause in tenant's lease requiring tenant to repair structural damage outside his apartment. Tenant's lease concerns only his apartment space.

Leopold v. Eckles: NYLJ, 9/19/07, p. 26, col. 1 (Civ. Ct. NY; Finkelstein, J)

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