Landlord Didn't Send Termination Notice

June 7, 2012

LVT Number: #24125

Landlord sued to evict Section 8 tenant for breaching her lease after sending tenant a 10-day notice to cure. Landlord and tenant signed a settlement agreement in court, giving landlord a judgment of possession and eviction warrant and giving tenant time to move out. Tenant later asked the court to vacate the judgment and agreement. Landlord never sent tenant a lease termination notice after the cure notice and before starting the court proceeding. The court ruled for tenant. Landlord was required to send the termination notice before starting any eviction proceeding.

Landlord sued to evict Section 8 tenant for breaching her lease after sending tenant a 10-day notice to cure. Landlord and tenant signed a settlement agreement in court, giving landlord a judgment of possession and eviction warrant and giving tenant time to move out. Tenant later asked the court to vacate the judgment and agreement. Landlord never sent tenant a lease termination notice after the cure notice and before starting the court proceeding. The court ruled for tenant. Landlord was required to send the termination notice before starting any eviction proceeding. Landlord also didn't comply with the Williams Consent Decree because it failed to send a copy of its court papers to NYCHA.

OGL v. Hunter: Index No. 64235/11, NYLJ No. 1202550519827 (Civ. Ct. Queens; 4/17/12; Birnbaum, J)

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