Default Notice Defective

Landlord sued to evict tenant for illegal subletting and/or never notifying landlord that there were additional occupants in tenant's apartment. Tenant claimed that landlord's default notice was defective. Landlord claimed there was an unauthorized sublet to two named individuals and at the same time claimed that he was never notified of two additional occupants. Landlord stated in response to tenant's request to dismiss the case that tenant sublet part of the apartment to other occupants who had locks on room doors. The court ruled against landlord. None of the facts supporting landlord's claim were set forth in the default notice. So the notice itself was confusing and contradictory and didn't provide tenant with enough information concerning landlord's claim. The petition had to be dismissed based on the defective notice.

Posiadlo v. Pacheco: NYLJ, p. 31, col. 1 (3/26/97) (Civ. Ct. NY; Wendt, J)