Landlord Didn't Allow Extra Time for Mailing Notice to Cure

Landlord sued to evict rent-controlled tenant for creating a nuisance. Landlord claimed that tenant was keeping a dog and had installed a washing machine in her apartment, both without permission. Tenant asked the court to dismiss the case, claiming that landlord didn’t give sufficient notice to cure the condition before terminating her tenancy. The court ruled for tenant. Landlord was required to add five days to the 10-day cure notice to allow time for mailing. Landlord pointed out that the cure notice was delivered by "conspicuous place" service, and claimed that time for mailing therefore wasn’t required. The court disagreed. Landlord’s process server attempted personal delivery and then left a copy of the cure notice at the apartment and mailed additional copies. Since landlord was required to mail a copy of the cure notice as part of the legal service requirement, the rule requiring additional cure time for mailing the notice applied. So landlord’s notice was defective because landlord didn’t give tenant at least 15 days to cure before terminating the tenancy.

C&H Management LLC v. Scarpelli: NYLJ, 7/7/09, p. 28, col. 3 (Civ. Ct. Kings; Milin, J)