Landlord Didn't Send Tenant Notice to Cure Bedbug Infestation

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant's apartment was filthy and that tenant caused a bedbug infestation. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord cashed a rent check from tenant five days before the tenancy was terminated, for the period between the expiration of the notice and commencement of the eviction proceeding. This nullified the tenancy termination notice. In addition, landlord failed to send tenant a notice to cure before sending the termination notice. Although a nuisance condition generally didn't require a notice to cure if a claimed lease violation wasn't incapable of cure, bedbug infestation could be curable. Extermination of bedbugs usually required more than one treatment. Tenant had granted access for one treatment as requested, but landlord failed to allege that subsequent access for more treatment was arranged.

Supreme Co. I LLC v. Moylan, Index No. 51649/14, NYLJ No. 1202655814887 (Civ. Ct. NY; 4/24/14; Gonzalez, J)