Landlord Must Add Five Days to Mailed 10-Day Cure Notice

September 30, 2006

LVT Number: 19140

Landlord sued to evict rent-stabilized tenant after sending tenant a 10-day notice to cure a lease violation. Tenant asked the court to dismiss the case based on insufficient notice. The court ruled for tenant. Landlord appealed and lost. Landlord had mailed the cure notice to tenant. Therefore, landlord must add five days to the 10-day cure period to allow for mailing time.

Landlord sued to evict rent-stabilized tenant after sending tenant a 10-day notice to cure a lease violation. Tenant asked the court to dismiss the case based on insufficient notice. The court ruled for tenant. Landlord appealed and lost. Landlord had mailed the cure notice to tenant. Therefore, landlord must add five days to the 10-day cure period to allow for mailing time.

South Park Estates Co. v. Hilverdink: NYLJ, 9/28/06, p. 47, col. 6 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, J)

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