Landlord Didn't Send Notice to Cure

Landlord sued to evict rent-stabilized tenant for nuisance. Landlord's 10-day termination notice stated that tenant created a nuisance by continually playing loud music early in the morning, banging on walls and floors at all hours, breaking things in his apartment and throwing them out the window, and having violent outbursts in his apartment that other tenants heard. Tenant claimed landlord should have served a notice to cure. The court ruled for tenant and dismissed the case. Tenant's lease stated that landlord must send a 10-day notice to cure for ''improper conduct by tenant annoying other tenants.'' Landlord pointed out that another lease provision stated that landlord could simply terminate tenant's lease for maintaining a nuisance. The language of the lease makes it unclear which provision should apply. Such ambiguity must be construed in tenant's favor.

Andrews-Zuck Realty v. Warner: NYLJ, p. 29, col. 5 (10/11/95) (Civ. Ct. Bronx; Thomas, J)