Landlord Didn't Send Notice to Cure

Landlord sued to evict tenant for creating a nuisance. Tenant claimed that landlord was required by tenant's lease to send a notice to cure before serving a termination notice and that landlord hadn't done so. Landlord claimed that tenant's behavior wasn't curable and that no notice to cure was required. The court ruled for landlord, and tenant asked the court to reconsider. Tenant pointed out that although the initial rent-stabilized lease didn't require a notice to cure, his renewal leases all contained language requiring landlord to send a notice to cure for improper tenant conduct. Landlord argued that this didn't apply to noncurable nuisances and that the renewal leases shouldn't be interpreted to give tenant greater rights than the initial lease on this issue. The court ruled for tenant and revoked the eviction warrant. The Rent Stabilization Law and Code don't bar expansion of tenant's rights through a renewal lease. Landlord was required to send a notice to cure before starting the nuisance proceeding, since the renewal leases required this notice for improper tenant conduct that annoyed other tenants and for not complying with any other term or rule in the lease, including the rule not to interfere with the comfort or rights of other tenants.

1202 Avenue U Realty Corp. v. Di Pietro: NYLJ, p. 25, col. 3 (9/3/97) (Civ. Ct. Kings; Callender, J)