Landlord Claims Birds in Apartment Caused Foul Odor

September 11, 2012

LVT Number: #24299

Landlord sued to evict elderly rent-stabilized tenant for nuisance and violating his lease by harboring birds in his apartment. Landlord claimed that foul odors came from the apartment, disturbing other tenants. Tenant asked the court to dismiss the case, claiming that landlord’s notice to cure and termination notice weren’t specific enough. The court agreed and dismissed the case. Landlord’s notices didn’t give tenant enough information to prepare a proper defense and therefore were defective.


Landlord sued to evict elderly rent-stabilized tenant for nuisance and violating his lease by harboring birds in his apartment. Landlord claimed that foul odors came from the apartment, disturbing other tenants. Tenant asked the court to dismiss the case, claiming that landlord’s notice to cure and termination notice weren’t specific enough. The court agreed and dismissed the case. Landlord’s notices didn’t give tenant enough information to prepare a proper defense and therefore were defective.


WRG Acquisition XIII v. Dalton: Index No. LT-006992-11, NYLJ No. 1202567269869 (Dist. Ct. Nassau; 8/1/12; Fairgrieve, J)

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