Landlord Must Send Tenant a Notice to Cure in Nuisance Case

Landlord sued to evict rent-stabilized tenant for committing or permitting a nuisance in his apartment by pouring or allowing a noxious liquid believed to be chlorine to leak on the floor, down radiator pipes, and along window framing. Landlord also claimed that tenant made loud noises.

Tenant asked the court to dismiss the case because landlord didn't send tenant a notice to cure before sending a lease termination notice and therefore failed to state a cause of action.

The court ruled for tenant. Rent Stabilization Code (RSC) Section 2524.3(b) doesn't explicitly require service of a notice to cure before a termination notice can be served in a nuisance case. But if a lease clause provides that the lease can't endure beyond the time when a contingency happens, it creates a "conditional limitation" upon the occurrence of which the lease automatically expires. The conditional limitation requirement for early lease termination applies without qualification to rent-stabilized tenancies.

Landlord's petition alleged that tenant's lease expired on Jan. 31, 2020, but that his "term" expired on Jan. 25, 2020, which was the expiration date of the termination notice served on tenant. The petition also stated that tenant continued in possession after the expiration of his term. So, although not explicitly stated in the petition, the proceeding was brought pursuant to Real Property Actions and Proceedings Law Section 711(1) and can be maintained only if a conditional limitation permitting early termination of the lease exists.  For this contingency to transpire, there must first be a default, services of a 10-day cure notice, and then service of a six-day termination notice.

Because it didn't first send a cure notice, landlord lacked a conditional limitation that would permit early termination of the tenancy. The case was dismissed.

72-15 Realty Co. LLC v. Marmol: 67 Misc.3d 1236(A), 2020 NY Slip Op 50769(U)(Civ. Ct. Queens; 6/24/20; Guthrie, J)