Five Days Must Be Added to 10-Day Cure Notice That's Sent by Mail

July 17, 2014

LVT Number: #25642

Landlord sued to evict tenant for violating her lease, after failing to comply with a notice to cure. Tenant claimed that the notice was defective because it didn't give tenant enough time to cure. The court agreed and dismissed the case. Landlord appealed and lost. Because landlord delivered the cure notice to tenant by mail, it was required to add five days to the 10-day cure period. The Aug. 11, 2011, cure notice provided for a cure date of Aug. 25, which was only 14 days after the date of the notice sent by mail.

Landlord sued to evict tenant for violating her lease, after failing to comply with a notice to cure. Tenant claimed that the notice was defective because it didn't give tenant enough time to cure. The court agreed and dismissed the case. Landlord appealed and lost. Because landlord delivered the cure notice to tenant by mail, it was required to add five days to the 10-day cure period. The Aug. 11, 2011, cure notice provided for a cure date of Aug. 25, which was only 14 days after the date of the notice sent by mail.  The cure notice therefore was defective and must be dismissed.

Tzifil Realty Corp. v. Samuels: NYLJ 6/11/14, p. 35, col. 3 (App. T. 2 Dept.; Weston, JP, Aliotta, Solomon, JJ)

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